Alwer Railway Tender

117- others work for SSE(PW)AWR/1

North Western Railway

(Jaipur Division)

TENDER DOCUMENT

1 Tender Notice No. JP/2015-16/117

2 Name of work :- ADEN AWR Sub Division –Various P. way & others works for

maintenance of track in the section of SSE (PW) AWR

3 Tender value Rs. 3256509/-

4 Earnest Money Rs 65130 /-

5 Cost of Tender form

Rs. 3000/-

6 Completion Period 8 Months

7 Similar Nature of

work

8 Tender closing date At 15.30 hrs. on 26.04.16

9 Tender opening date At 16.00 hrs. on 26.04.16

NOT TRANSFERABLE

Issued by Senior Divisional Engineer /Co-ord/JP

Issued to ……………………………………………………..

……………………………………………………..

Signature of Tender/s DRM/WA/Jaipur

(On behalf President of India)



(Jaipur Division)

Name of work – ADEN BKI Sub Division –Various P. way & others works for maintenance of track in

the section of SSE (PW) AWR

S.No. Description Page no.

From To

1 Tender form – First sheet 3 3

2 General Conditions and Special

conditions of contracts

4 68

3 Rate sheet. 69 69

4 Tender Schedule 70 74

5 Special Conditions of work 75 80

6 Notice of Inviting Tender 81 82





TENDER FORM (First Sheet)

Tender No. JP/2015-16/117

Name Of Work - ADEN BKI Sub Division –Various P. way & others works for maintenance of track in

the section of SSE (PW) AWR

I/We ____________________ have read the various conditions to tender attached hereto and agree to

abide by the said conditions. I/We also agree to keep this tender open for acceptance for a period of ________

days from the date fixed for opening the same and in default thereof, I/We will be liable for forfeiture of my/our

“Earnest Money”. I/We offer to do the work for _______ Railway, at the rates quoted in the attached schedule

and hereby bind myself/ourselves to complete the work in all respects within ____________ months from the

date of issue of letter of acceptance of the tender.

2. I/We also hereby agree to abide by the Indian Railways Standard General Conditions Of Contract, with

all correction slips up-to-date and to carry out the work according to the Special Conditions of Contract and

Specifications of materials and works as laid down by Railway in the annexed Special Conditions/Specifications,

Schedule of Rates with all correction slips up-to-date for the present contract.

3. A sum of Rs. ___________ is herewith forwarded as Earnest Money. Full value of the earnest Money

shall stand forfeited without prejudice to any other right or remedies in case my/our Tender is accepted and if :

(a) I/We do not execute the contract documents within seven days after receipt of notice issued by the

Railway that such documents are ready; and

(b) I/We do not commence the work within fifteen days after receipt of orders to that effect.

4. Until a formal agreement is prepared and executed, acceptance of this tender shall constitute a binding

contract between us subject to modifications, as may be mutually agreed to between us and indicated in the letter

of acceptance of my/our offer for this work.

Signature of Tender/s

DRM/WA/Jaipur



TENDER FORM (Second Sheet)

1. Instructions To Tenders And Conditions Of Tender : The following documents form part of Tender /

Contract :

(a) Tender forms – First Sheet and Second Sheet

(b) Special Conditions/Specifications (enclosed)

(c) Schedule of approximate quantities (enclosed)

(d) Standard General Conditions of Contract and Standard Specifications for Materials and Works of Indian

Railway as amended/corrected upto latest Correction Slips, copies of which can be seen in the office of

DRM/WA/JP or obtained from the office of the Chief Engineer, North Western Railway on payment of

prescribed charges.

(e) Schedule of Rates as amended / corrected upto latest Correction Slips, copies of which can be seen in the

office of DRM/WA/JP or obtained from the office of the Chief Engineer, North Western Railway on

payment of prescribed charges.

(f) All general and detailed drawings pertaining to this work which will be issued by the Engineer or his

representatives (from time to time) with all changes and modifications.

2. Drawings For The Work : The Drawing for the work can be seen in the office of the DRM/WA/JP and /

or Chief Engineer, North Western Railway at any time during the office hours. The drawings are only for the

guidance of Tenderer(s). Detailed working drawings (if required) based generally on the drawing mentioned

above, will be given by the Engineer or his representative from time to time.

3. The Tenderer(s) shall quote his / their rates as a percentage above or below the Schedule of Rates of North

Western Railway as applicable to JP Division except where he/they are required to quote item rates and must

tender for all the items shown in the Schedule of approximate quantities attached. The quantities shown in the

attached Schedule are given as a guide and are approximate only and are subject to variation according to the

needs of the Railway. The Railway does not guarantee work under each item of the Schedule.

4. Tenders containing erasures and / or alterations of tender documents are liable to be rejected. Any

correction made by tender(s) in his/their entries must be attested by him / them.

If any correction becomes necessary then the same must be made in ink and must be attested. If there is

any difference in rates quoted by tenderer in figure and words then the rates quoted in words will be given

cognigence.

4(a) In case of any ambiguity in quoted rates, than the offer shall be considered as invalid.




5. The works are required to be completed within a period of 8 Months from the date of issue of acceptance

letter.

6. Earnest Money:

(a) The tender must be accompanied by a sum of Rs. 65130/- as earnest money deposited in cash or in any of the forms as

mentioned in ‘Regulations For Tenders And Contracts’ for the guidance of the Engineers and Contractors, failing which the tender

will not be considered.

(b) The Tenderer(s) shall keep the offer open for a minimum period of 90 days from the date of opening of the Tender. It is

understood that the tender documents have been sold/issued to the Tenderer(s) and the Tenderer(s), is / are permitted to tender in

consideration of the stipulation on his / their part that after submitting his / their tender subject to the period being extended

further, if required by mutual agreement from time to time, he will not resile from his offer or modify the terms and conditions

thereof in a manner not acceptable to the Chief Engineer/Dy.Chief Engineer/Divisional Engineer of North Western Railway,

Should the tenderer fail to observe or comply with the foregoing stipulation, the amount deposited as Earnest Money for the due

performance of the above stipulation, shall be forfeited to the Railway.

(c) If the tender is accepted, the amount of Earnest Money will be retained and adjusted as Security Deposit for the due and

faithful fulfillment of the contract. This amount of Security Deposit shall be forfeited, if the Tenderer(s)/Contractor(s) fail to

execute the Agreement Bond within 7 days after receipt of notice issued by Railway that such documents are ready or to

commence the work within 15 days after receipt of the order to that effect.

(d) Earnest Money of the unsuccessful tenderer(s) will, save as here-in-before provided, be returned to the unsuccessful

tenderer(s) within a reasonable time, but the Railway shall not be responsible for any loss or depreciation that may happen to the

Security for the due performance of the stipulation to keep the offer open for the period specified in the tender documents or to the

Earnest Money while in their possession nor be liable to pay interest thereon.

(e)

Earnest money:- The tenders must be accompanied by earnest money as indicated in the table below:-

Value of the work (Tender Value) EMD

For works estimated to cost upto Rs.1 Crore. 2% of the estimated cost of the work.

For works estimated to cost more than Rs.1 Crore. Rs. 2 lacs plus ½ % (half percent) of the excess of

estimated cost of work beyond Rs.1 Crore subject

to a maximum of Rs.1 Crore.

(f) As per public procurement policy for goods produced and services rendered by Micro and Small Enterprises (MSEs)by Central

Ministries/Departments/Public Sector Undertaking (PUSs) Earnest Mony is exempted as under- .

(a) Tender set shall be provided free of cost to MSEs registered with NSIC for item tendered.

(b) MSEs registered with NSIC for the item tendered with be exempted from payment of Earnest Money.

(c) (i) MSE must be registered with any of the agencies mentioned in the notification of Minsitry of MSME indicated

Below-

(i) Distric industries Centers

(ii) Khadi and village industries Commission

(iii) Khadi and village industries Board

(iv) Coir Board

(v) National Small Industries Corporation

(vi) Directorate of Handicraft and Handloom

(vii) Any other body specified by Ministry of MSME

(ii)The MSEs must also indicate the terminal validity date of their registration.

Failing (c) (i) &(ii) above, such offers will not be liable for consideration of benefits detailed in MSE notification of

Government of India dated 23.3.12.( Railway Board letter No.2010/RS)G)/363/1 Dated 5.7.12 and dated 23.9.13,

91/M(C)/137/23 dated 18.12.14 and dated 05.12.14)




The earnest money should be in Cash or Banker’s Cheques / Demand Drafts in favour

of FA & CAO of the Railway, executed by State Bank of India or of any of the

Nationalized Banks or by Scheduled Bank.

The earnest money of the requisite amount referred above is required to be deposited in cash

with the Divl. Cashier, N.W. Rly., Jaipur or with any booking office over IR and original

cash receipt should be submitted along with the tender documents duly attached, failing

which, the tender should be treated as invalid.

7. Rights Of The Railway To Deal With Tender : The authority for the acceptance of the tender will

rest with the Railway. It shall not be obligatory on the said authority to accept the lowest tender or any other

tender and no tenderers(s) shall demand any explanation for the cause of rejection of his/their tender nor the

Railway to assign reasons for declining to consider or reject any particular tender or tenders.

8. If the tenderer(s) deliberately gives / give wrong information in his / their tender or creates / create

circumstances for the acceptance of his / their tender, the Railway reserves the right to reject such tender at

any stage.

9. If the tenderer(s) expire(s) after the submission of his / their tender or after the acceptance of

his / their tender, the Railway shall deem such tender cancelled. If a partner of a firm expires after the

submission of their tender or after the acceptance of their tender, the Railway shall deem such tender

as cancelled, unless the firm retains its character.

10. Eligibility Criteria: -

(i) Technical and financial Eligibility Criteria as detailed below will be applicable for the tenders

having advertised tender value above Rs.50 Lac.

(A) Technical eligibility criteria –

Firm/Tenderer should have completed in last three years (current year and last three financial

years) similar nature of works costing 35% of the estimated value of tender as mentioned in

NIT.

(B) Financial criteria-

The tenderer(s) shall be eligible only if he / they fulfill Eligibility Criteria of having received

total contract amount during the last three financial years and in the current financial year with a

minimum of 150% of the advertised tender value.

(C)Authentic Certificates shall be produced by the tenderer(s) to this effect which may be an attested

Certificate from the employer / client, Audited Balance Sheet duly certified by the Chartered

Accountant etc.

(D)Technical and financial eligibility of the firm shall be adjudged based on satisfactory fulfillments of

the eligibility criteria by the firm in its own name and style. Share of individual partners towards their

performance in other firms shall not be considered.

(ii)Eligibility criteria for tenders costing upto Rs.50 lacs - The financial capacity, capability, and past

performance of the tenderer/contractor should be investigated/examined in detail by the tender

committee before awarding a contract, duly considering the existing work load with the

tenderer.(Circular no. 2013/CE-I/CT/0/25/VOC dated 05.08.2013)

{Authority : Railway Board’s letter no. 94/CE-I/CT/4 (Pt. II), Dated 07/14.11.2013}




11. Tenderer’s Credentials : Documents testifying tenderer’s previous experience and financial status

should be produced alongwith the tender or when desired by competent authority of the Railway.

Tenderer(s) who has / have not carried out any work so far on N.W. Railway and / or who is / are not borne

on the approved list of the Contractors of N.W. Railway should submit alongwith his / their tender

credentials to establish:

(i) His capacity to carry out the works satisfactorily.

(ii) His financial status supported by Bank reference and other documents.

(iii) Certificates duly attested and testimonials regarding contracting experience for the type of job

for which tender is invited with list of works carried out in the past.

12. Tender must be enclosed in a sealed cover, superscripted “Tender No. JP/15-16/ ” and must be sent

by registered post to the address of DRM/WA/JP, N.W. Railway so as to reach his office not later than 15.30

Hours on the 26.04.16 or deposited in the special box allotted for the purpose in the office of N.W.

Railway. This Special box will be sealed at 15.30 hours on 26.04.16 The tender will be opened at 16.00

hours on the same day. The tender papers will not be sold after 18.00 hours on 25.04.16

13. Non-compliance with any of the conditions set forth therein above is liable to result in the tender

being rejected.

14. Execution Of Contract Documents : The successful Tenderer(s) shall be required to execute an

agreement with the President of India acting through the North Western Railway for carrying out the work

according to Standard General Conditions of Contract, Special Conditions / Specifications annexed to the

tender and Specification for work and materials of Railway as amended/corrected upto latest Correction

Slips, mentioned in tender form (First Sheet).

15. Partnership Deeds, Power Of Attorney Etc. : The tenderer shall clearly specify whether the tender is

submitted on his own or on behalf of a partnership concern. If the tender is submitted on behalf of a

partnership concern, he should submit the certified copy of partnership deed alongwith the tender and

authorization to sign the tender documents on behalf of partnership firm. If these documents are not enclosed

alongwith tender documents,

The tender will be treated as having been submitted by individual signing the tender documents. The

Railway will not be bound by any power of attorney granted by the tenderer or by changes in the

composition of the firm made subsequent to the execution of the contract. It may, however, recognize such

power of attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the

contractor.




16. The tenderer whether sole proprietor, a limited company or a partnership firm if they want to act

through agent or individual partner(s) should submit along with the tender or at a later stage, a power of

attorney duly stamped and authenticated by a Notary Public or by Magistrate in favour of the specific person

whether he/they be partner(s) of the firm or any other person specifically authorising him/them to submit the

tender, sign the agreement, receive money, witness measurements, sign measurement books, compromise,

settle, relinquish any claim(s) preferred by the firm and sign "No Claim Certificate" and refer all or any

disputes to arbitration.

17. Employment/Partnership Etc. Of Retired Railway Employees:

(a) Should a tenderer be a retired engineer of the Gazetted rank or any other Gazetted officer

working before his retirement, whether in the executive or administrative capacity or whether holding

a pensionable post or not, in the Engineering or any other department of any of the railways owned

and administered by the President of India for the time being, or should a tenderer being partnership

firm have as one of its partners a retired engineer or retired Gazetted Officer as aforesaid, or should a

tenderer being an incorporated company have any such retired engineer or retired officer as one of its

Directors or should a tenderer have in his employment any retired Engineer or retired Gazetted

Officer as aforesaid, the full information as to the date of retirement of such Engineer or Gazetted

Officer from the said service and in case where such Engineer or Officer had not retired from

Government service at least ONE year prior to the date of submission of the tender as to whether

permission for taking such contract, or if the contractor be a partnership firm or an incorporated

company, to become a partner or Director as the case may be, or to take the employment under the

contractor, has been obtained by the tenderer or the Engineer or Officer, as the case may be from the

President of India or any officer, duly authorised by him in this behalf, shall be clearly stated in

writing at the time of submitting the tender. Tenders without the information above referred to or a

statement to the effect that no such retired Engineer or retired Gazetted Officer is so associated with

the tenderer, as the case may be, shall be rejected.

(b) Should a tenderer or contractor being an individual on the list of approved Contractors, have a

relative(s) or in the case of partnership firm or company of contractors one or more of his shareholder(s) or a

relative(s) of the shareholder(s) employed in gazetted capacity in the Engineering or any other department of

the North Western Railway, the authority inviting tenders shall be informed of the fact at the time of

submission of tender, failing which the tender may be disqualified/rejected or if such fact subsequently

comes to light, the contract may be rescinded in accordance with provision in Clause 62 of Standard General

Conditions of Contract.




PART II

STANDARD GENERAL CONDITIONS OF CONTRACT

FOR USE IN CONNECTION WITH WORKS CONTRACTS

(1) Definition: - As per Indian Railways General Condition of Contract upto date.

GENERAL OBLIGATIONS

2. (1) Execution Co-Relation And Intent Of Contract Documents : The contract documents shall be

signed in triplicate by the Railway and the Contractor. The contract documents are complementary and what

is called for by anyone shall be as binding as if called for by all, the intention of the documents is to include

all labour and materials, equipments and transportation necessary for proper execution of work. Materials or

works not covered by or properly inferable from any heading or class of the specifications shall not be

supplied by the Railway to the contractors unless distinctly specified in the contract documents. Materials or

works described in words which so applied have a well-known technical or trade meaning shall be held to

refer to such recognised standards.

2.(2) If a work is transferred from the jurisdiction of one Railway to another Railway or to a Project

authority or vice versa while contract is in subsistence, the contract shall be binding on the Contractor and

the Successor Railway/Project in the same manner & take effect in all respects as if the Contractor and the

Successor Railway/Project were parties thereto from the inception and the corresponding officer or the

Competent Authority in the Successor Railway/Project will exercise the same powers and enjoy the same

authority as conferred to the Predecessor Railway/Project under the original contract/agreement entered into.

2.(3) If for administrative or other reasons the contract is transferred to the Successor Railway, the

contract shall, notwithstanding any things contained herein contrary there to, be binding on the Contractor

and the Successor Railway in the same manner and take effect in all respects as if the Contractor and the

Successor Railway had been parties thereto from the date of this contract.

3.(1) Law Governing The Contract : The contract shall be governed by the law for the time being in force

in the Republic of India.

3.(2) Compliance To Regulations And Bye-Laws : The Contractor shall conform to the provision of any

statute relating to the works and regulations and bye-laws of any local authority and of any water and

lighting companies or undertakings, with whose system the work is proposed to be connected and shall

before making any variation from the drawings or the specifications that may be necessitated by so

confirming give to the Engineer notice specifying the variation proposed to be made and the reason for

making the variation and shall not carry out such variation until he has received instructions from the

Engineer in respect thereof. The Contractor shall be bound to give all notices required by statute, regulations

or bye-laws as aforesaid and to pay all fees and taxes payable to any authority in respect thereof.

4. Communications to Be In Writing: All notices, communications, reference and complaints made by

the Railway or the Engineer or the Engineer's Representative or the Contractor inter-se concerning the works

shall be in writing and no notice, communication, reference or complaint not in writing shall be recognized.




5. Service Of Notices On Contractors : The Contractor shall furnish to the Engineer the name,

designation and address of his authorized agent and all complaints, notices, communications and references

shall be deemed to have been duly given to the Contractor, if delivered to the Contractor or his authorised

agent or left at or posted to the address so given and shall be deemed to have been so given in the case of

posting on day on which they would have reached such address in the ordinary course of post or on the day

on which they were so delivered or left. In the case of contract by partners, any change in the constitution of

the firm shall be forthwith notified by the Contractor to the Engineer.

6. Occupation And Use Of Land : No land belonging to or in the possession of the Railway shall be

occupied by the Contractor without the permission of the Railway. The Contractor shall not use, or allow to

be used, the site for any purposes other than that of executing the works. Whenever non-railway

bodies/persons are permitted to use railway premises with competent authority’s approval, conservancy

charges as applicable from time to time may be levied.

7. Assignment Or Subletting Of Contract : The Contractor shall not assign or sublet the contract or

any part thereof or allow any person to become interested therein any manner whatsoever without the special

permission in writing of the Railway. Any breach of this condition shall entitle the Railway to rescind the

contract under Clause 62 of these Conditions and also render the contractor liable for payment to the Railway

in respect of any loss or damage arising or ensuing from such cancellation; provided always that execution of

the details of the work by petty contractor under the direct and personal supervision of the Contractor or his

agent shall not be deemed to be sub-letting under this clause. The permitted subletting of work by the

Contractor shall not establish any contractual relationship between the sub-contractor and the Railway and

shall not relieve the Contractor of any responsibility under the Contract.

8. Assistance By Railway For The Stores To Be Obtained By The Contractor : Owing to difficulty in

obtaining certain materials (including Tools & Plant) in the market, the Railway may have agreed without

any liability therefore to endeavour to obtain or assist the Contractor in obtaining the required quantities of

such materials as may be specified in the Tender. In the event of delay or failure in obtaining the required

quantities of the aforesaid material, the Contractor shall not be deemed absolved of his own responsibility

and shall keep in touch with the day to day position regarding their availability and accordingly adjust

progress of works including employment of labour and the Railway shall not in any way be liable for the

supply of materials or for the non-supply thereof for any reasons whatsoever nor for any loss or damage

arising in consequence of such delay or non-supply.

9. Railway Passes : No free Railway passes shall be issued by the Railway to the Contractor or any of

his employee/worker.

10. Carriage Of Materials : No forwarding orders shall be issued by the Railway for the conveyance of

Contractor's materials, tools and plant by Rail which may be required for use in the works and the contractor

shall pay full freight charges at public tariff rates therefor.




11. Use Of Ballast Trains : The Railway may agree to allow the Contractor use of the ballast or

material trains under such conditions as shall be specially prescribed, provided that the Contractor shall pay

for the use thereof charges calculated at public tariff rates on the marked carrying capacity of each vehicle

subject to specified minimum charge per day or part of day and provided further that the Contractor shall

indemnify the Railway against any claims or damages arising out of the use or misuse thereof and against

any liabilities under the Workmen's Compensation Act, 1923 or any statutory amendments thereto.

12. Representation On Works : The Contractor shall, when he is not personally present on the site of

the works place, keep a responsible agent at the works during working hours who shall on receiving

reasonable notice, present himself to the Engineer and orders given by the Engineer or the Engineer's

representative to the agent shall be deemed to have the same force as if they had been given to the

Contractor. Before absenting himself, the Contractor shall furnish the name and address of his agent for the

purpose of this clause and failure on the part of the Contractor to comply with this provision at any time will

entitle the Railway to rescind the contract under Clause 62 of these Conditions.

13. Relics And Treasures : All gold, silver, oil and other minerals of any description and all precious

stones, coins, treasures relics antiquities and other similar things which shall be found in or upon the site

shall be the property of the Railway and the Contractor shall duly preserve the same to the satisfaction of the

Railway and shall from time to time deliver the same to such person or persons as the Railway may appoint

to receive the same.

14. Excavated Material : The Contractor shall not sell or otherwise dispose of or remove except for the

purpose of this contract, the sand, stone, clay ballast, earth, rock or other substances or materials which may

be obtained from any excavation made for the purpose of the works or any building or produced upon the

site at the time of delivery of the possession thereof but all the substances, materials, buildings and produce

shall be the property of the Railway provided that the Contractor may, with the permission of the Engineer,

use the same for the purpose of the works either free of cost or pay the cost of the same at such rates as may

be determined by the Engineer.

15. Indemnity By Contractors : The Contractor shall indemnify and save harmless the Railway from

and against all actions, suit proceedings losses, costs, damages, charges, claims and demands of every nature

and description brought or recovered against the Railways by reason of any act or omission of the

Contractor, his agents or employees, in the execution of the works or in his guarding of the same. All sums

payable by way of compensation under any of these conditions shall be considered as reasonable

compensation to be applied to the actual loss or damage sustained, and whether or not any damage shall have

been sustained.

16.(1) Security Deposit : The Earnest Money deposited by the Contractor with his tender will be retained

by the Railways as part of security for the due and faithful fulfillment of the contract by the contractor. The

balance to make up the Security Deposit, the rates for which are given below, may be deposited by the

Contractor in cash or may be recovered by percentage deduction from the Contractor's "on account" bills.

Provided also that in case of defaulting contractor, the Railway may retain any amount due for payment to

the Contractor on the pending "on account bills" so that the amounts so retained may not exceed 10% of the

total value of the contract.




Recovery Of Security Deposit : Unless otherwise specified in the Special Conditions, if any, the

Security Deposit/rate of recovery/mode of recovery shall be as under :

(a) Security Deposit for each work should be 5% of the contract value,

(b) The rate of recovery should be at the rate of 10% of the bill amount till the full Security Deposit is

recovered,

(c) Security Deposits will be recovered only from the running bills of the contract and no other mode

of collecting SD such as SD in the form of instruments like BG (except Note (ii) below); FD etc.

shall be accepted towards Security Deposit.

Security Deposit shall be returned to the contractor after the expiry of the maintenance period in all

the cases other than Note (i) mentioned below and after passing the final bill based on No Claim Certificate

with the approval of the Competent Authority. The Competent Authority shall normally be the authority who

is competent to sign the contract. If this Competent Authority is of the rank lower than JA Grade, then a JA

Grade Officer (concerned with the work) should issue the certificate. The certificate, inter alia, should

mention that the work has been completed in all respects and that all the contractual obligations have been

fulfilled by the contractor and that there is no due from the contractor to Railways against the contract

concerned. Before releasing the SD, an unconditional and unequivocal ‘No Claim Certificate’ from the

contractor concerned should be obtained.

Note -

(i) After the work is physically completed, Security Deposit recovered from the running bills of a

contractor can be returned to him, if he so desires, in lieu of FDR/irrevocable Bank Guarantee for

equivalent amount to be submitted by him.

(ii) In case of contracts of value Rs. 50 crore and above, irrevocable Bank Guarantee can also be

accepted as a mode of obtaining security deposit.

16.(3) No interest will be payable upon the Earnest Money and Security Deposit or amounts payable to the

Contractor under the Contract, but Government Securities deposited in terms of Sub-Clause (1) of this clause

will be payable with interest accrued thereon.

16.(4) Performance Guarantee

The procedure for obtaining Performance Guarantee is outlined below :

(a) The successful bidder shall have to submit a Performance Guarantee (PG) within 30 (thirty) days

from the date of issue of Letter Of Acceptance (LOA). Extension of time for submission of PG

beyond 30 (thirty) days and upto 60 days from the date of issue of LOA may be given by the

Authority who is competent to sign the contract agreement. However, a penal interest of 15% per

annum shall be charged for the delay beyond 30 (thirty) days, i.e. from 31st day after the date

of issue of LOA. In case the contractor fails to submit the requisite PG even after 60 days from the

date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any

payable against that contract. The failed contractor shall be debarred from participating in re-tender

for that work.




(b) The successful bidder shall submit the Performance Guarantee (PG) in any of the following forms,

amounting to 5% of the contract value:

(i) A deposit of Cash;

(ii) Irrevocable Bank Guarantee;

(iii) Government Securities including State Loan Bonds at 5% below the market value;

(iv) Deposit Receipts, Pay Orders, Demand Drafts and Guarantee Bonds. These forms of Performance

Guarantee could be either of the State Bank of India or of any of the Nationalized Banks;

(v) Guarantee Bonds executed or Deposits Receipts tendered by all Scheduled Banks;

(vi) A Deposit in the Post Office Saving Bank;

(vii) A Deposit in the National Savings Certificates;

(viii) Twelve years National Defence Certificates;

(ix) Ten years Defence Deposits;

(x) National Defence Bonds and

(xi) Unit Trust Certificates at 5% below market value or at the face value whichever is less. Also, FDR

in favour of FA&CAO (free from any encumbrance) may be accepted.

Note - The instruments as listed above will also be acceptable for Guarantees in case of Mobilization

Advance.

(c) The Performance Guarantee shall be submitted by the successful bidder after the Letter Of

Acceptance (LOA) has been issued, but before signing of the contract agreement. This P.G. shall be

initially valid upto the stipulated date of completion plus 60 days beyond that. In case, the time for

completion of work gets extended, the contractor shall get the validity of P.G. extended to cover

such extended time for completion of work plus 60 days.

(d) The value of PG to be submitted by the, contractor will not change for variation upto 25% (either

increase or decrease). In case during the course of execution, value of the contract increases by

more than 25% of the original contract value, an additional Performance Guarantee amounting to

5% (five percent) for the excess value over the original contract value shall be deposited by the

contractor.

(e) The Performance Guarantee (PG) shall be released after physical completion of the work based on

'Completion Certificate' issued by the competent authority stating that the contractor has completed

the work in all respects satisfactorily. The Security Deposit shall, however, be released only after

expiry of the maintenance period and after passing the final bill based on 'No Claim Certificate'

from the contractor.

(f) Whenever the contract is rescinded, the Security Deposit shall be forfeited and the Performance

Guarantee shall be encashed. The balance work shall be got done independently without risk & cost

of the failed contractor. The failed contractor shall be debarred from participating in the tender for

executing the balance work. If




the failed contractor is a JV or a Partnership firm, then every member/partner of such a firm shall be

debarred from participating in the tender for the balance work in his/her individual capacity or as a

partner of any other JV /partnership firm.

(g) The engineer shall not make a claim under the Performance Guarantee except for amounts to which

the President of India is entitled under the contract (not withstanding and/or without prejudice to

any other provisions in the contract agreement) in the event of :

(i) Failure by the contractor to extend the validity of the Performance Guarantee as described herein

above, in which event the Engineer may claim the full amount of the Performance Guarantee.

(ii) Failure by the contractor to pay President of India any amount due, either as agreed by the

contractor or determined under any of the Clauses/Conditions of the Agreement, within 30 days of

the service of notice to this effect by Engineer.

(iii) The Contract being determined or rescinded under provision of the GCC, the Performance

Guarantee shall be forfeited in full and shall be absolutely at the disposal of the President of India.

{Ref. : Item-l to Railway Board's letter no. 2007/CE.I/CT/18 Pt.XII, dated 31.12.2010}

17. Force Majeure Clause : If at any time, during the continuance of this contract, the performance in

whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason

of any war, hostility, acts of public enemy, civil commotion, sabotage, serious loss or damage by fire,

explosions, epidemics, strikes, lockouts or acts of God (hereinafter, referred to events) provided, notice of

the happening of any such event is given by either party to the other within 30 days from the date of

occurrence thereof, neither party shall by reason of such event, be entitled to terminate this contract nor shall

either party have any claim for damages against the other in respect of such non-performance of delay in

performance, and works under the contract shall be resumed as soon as practicable after such event has come

to an end or ceased to exist, and the decision of the Engineer as to whether the works have been so resumed

or not shall be final and conclusive, PROVIDED FURTHER that if the performance in whole or in part of

any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding

120 days, either party may at its option terminate the contract by giving notice to the other party.

17–A Extension Of Time In Contracts : Subject to any requirement in the contract as to completion of

any portions or portions of the works before completion of the whole, the contractor shall fully and finally

complete the whole of the works comprised in the contract (with such modifications as may be directed

under conditions of this contract) by the date entered in the contract or extended date in terms of the

following clauses:

(i) Extension Due To Modification : If any modifications have been ordered which in the opinion of

the Engineer have materially increased the magnitude of the work, then such extension of the

contracted date of completion may be granted as shall




appear to the Engineer to be reasonable in the circumstances, provided moreover that the Contractor shall

be responsible for requesting such extension of the date as may be considered necessary as soon as

the cause thereof shall arise and in any case not less than one month before the expiry of the date

fixed for completion of the works.

(ii) Extension For Delay Not Due To Railway Or Contractor : If in the opinion of the Engineer, the

progress of work has any time been delayed by any act or neglect of Railway's employees or by

other contractor employed by the Railway under Sub-Clause (4) of Clause 20 of these Conditions

or in executing the work not forming part of the contract but on which contractor's performance

necessarily depends or by reason of proceeding taken or threatened by or dispute with adjoining or

to neighbouring owners or public authority arising otherwise through the Contractor's own default

etc. or by the delay authorized by the Engineer pending arbitration or in consequences of the

contractor not having received in due time necessary instructions from the Railway for which he

shall have specially applied in writing to the Engineer or his authorized representative then upon

happening of any such event causing delay, the Contractor shall immediately give notice thereof in

writing to the Engineer within 15 days of such happening, but shall nevertheless make constantly

his best endeavours to bring down or make good the delay and shall do all that may be reasonably

required of him to the satisfaction of the Engineer to proceed with the works. The contractor may

also indicate the period for which the work is likely to be delayed and shall be bound to ask for

necessary extension of time. The Engineer on receipt of such request from the contractor shall

consider the same and shall grant such extension of time as in his opinion is reasonable having

regard to the nature and period of delay and the type and quantum of work affected thereby. No

other compensation shall be payable for works so carried forward to the extended period of time,

the same rates, terms and conditions of contract being applicable as if such extended period of time

was originally provided in the original contract itself.

(iv) Extension For Delay Due To Railways : In the event of any failure or delay by the Railway to hand

over the Contractor possession of the lands necessary for the execution of the works or to give the

necessary notice to commence the works or to provide the necessary drawings or instructions or

any other delay caused by the Railway due to any other cause whatsoever, then such failure or

delay shall in no way affect or vitiate the contract or alter the character thereof or entitle the

contractor to damages or compensation therefor, but in any such case, the Railway may grant

such extension or extensions of the completion date as may be considered reasonable.




17-B Extension Of Time For Delay Due To Contractor : The time for the execution of the

work or part of the works specified in the contract documents shall be deemed to be the

essence of the contract and the works must be completed not later than the date(s) as

specified in the contract. If the contractor fails to complete the works within the time as

specified in the contract for the reasons other than the reasons specified in Clause 17 and

17-A, the Railway may, if satisfied that the works can be completed by the contractor within

reasonable short time thereafter, allow the contractor for further extension of time (Proforma

at Annexure-VII) as the Engineer may decide. On such extension the Railway will be entitled

without prejudice to any other right and remedy available on that behalf, to recover from the

contractor as agreed damages and not by way of penalty a sum equivalent to ½ of 1% of the

contract value of the works for each week or part of the week.

For the purpose of this Clause, the contract value of the works shall be taken as value

of work as per contract agreement including any supplementary work order/contract

agreement issued. Provided also, that the total amount of liquidated damages under this

condition, shall not exceed the under noted percentage value or of the total value of the item

or groups of items of work for which a separate distinct completion period is specified in the

contract.

(i) For contract value upto Rs. 2 lakh - 10% of total value of the contract

(ii) For contracts valued above Rs. 2

lakh

- 10% of first Rs.2 lakh and 5% of

balance

Further, competent authority while granting extension to the currency of contract under Clause 17

(B) of GCC may also consider levy of token penalty, as deemed fit based on the merit of the case.

Provided further, that if the Railway is not satisfied that the works can be completed by the

Contractor and in the event of failure on the part of the contractor to complete the work within further

extension of time allowed as aforesaid, the Railway shall be entitled without prejudice to any other right or

remedy available in that behalf, to appropriate the contractor's Security Deposit and rescind the contract

under Clause 62 of these Conditions, whether or not actual damage is caused by such default.

18.(1) Illegal Gratification : Any bribe, commission, gift or advantage given, promised or offered by or on

behalf to the Contractor or his partner, agent or servant or, anyone on his behalf, to any officer or employee of the

Railway, or to any person on his behalf in relation to obtaining or execution of this or any other contract with the

Railway shall, in addition to any criminal liability which he may incur, subject contractor to the rescission of the

contract and all other contracts with the Railway and to the payment of any loss or damage resulting from such

decision and the Railway shall be entitled to deduct the amounts so payable from any moneys due to the

Contractor(s) under this contract or any other contracts with the Railway.

18.(2) The Contractor shall not lend or borrow from or have or enter into any monitory dealings or transactions

either directly or indirectly with any employee of the Railway and if he shall do so, the Railway shall be entitled

forthwith to rescind the contract and all other contracts with the Railway. Any question or dispute as to the

commission or any such offence or compensation

payable to the Railway under this Clause shall be settled by the General Manager of the Railway, in such a

manner as he shall consider fit & sufficient and his decision shall be final & conclusive. In the event of rescission

of the contract under this Clause, the Contractor will not be paid any compensation whatsoever except payments

for the work done upto the date of rescission.




EXECUTION OF WORKS

19.(1) Contractor's Understanding : It is understood and agreed that the Contractor has, by careful

examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the

character, quality and quantity of the materials to be encountered, the character of equipment and facilities

needed preliminary to and during the progress of the works, the general and local conditions, the labour

conditions prevailing therein and all other matters which can in any way affect the works under the contract.

19.(2) Commencement Of Works : The Contractor shall commence the works within 15 days after the

receipt by him of an order in writing to this effect from the Engineer and shall proceed with the same with

due expedition and without delay

19.(3) Accepted Programme Of Work : The Contractor who has been awarded the work shall as soon as

possible but not later than 30 days after the date of receipt of the acceptance letter in respect of contracts with

initial completion period of two years or less or not later than 90 days for other contracts have to submit the

detailed programme of work indicating the time schedule of various items of works in the form of Bar

Chart/PERT/CPM. He shall also submit the details of organisation (in terms of labour and supervisors) plant

and machinery that he intends to utilize (from time to time) for execution of the work within stipulated date

of completion. The programme of work amended as necessary by discussions with the Engineer, shall be

treated as the agreed programme of the work for the purpose of this contract and the contractor shall

endeavour to fulfill this programme of work. The progress of work will be watched accordingly and the

liquidated damages will be with reference to the overall completion date. Nothing stated herein shall

preclude the contractor in achieving earlier completion of item or whole of the works than indicated in the

programme.

19.(4) Setting Out Of Works : The Contractor shall be responsible for the correct setting out of all works

in relation to original points, lines and levels of reference at his cost. The Contractor shall execute the work

true to alignment, grade, levels and dimensions as shown in the drawing and as directed by the Engineer's

representative and shall check these at frequent intervals. The Contractor shall provide all facilities like

labour and instruments and shall co-operate with the Engineer's representative to check all alignment, grades,

levels and dimensions. If, at any time, during the progress of the works any error shall appear or arise in any

part of the work, the Contractor, on being required so to do by the Engineer's representative shall, at his own

cost rectify such errors, to the satisfaction of the Engineer's representative. Such checking shall not absolve

the Contractor of his own responsibility of maintaining accuracy in the work. The Contractor shall carefully

protect and preserve all bench marks, sight rails, pegs and other things used in setting out the work.

20.(1) Compliance To Engineer’s Instructions : The Engineer shall direct the order in which the several

parts of the works shall be executed and the Contractor shall execute without delay all orders given by the

Engineer from time to time; but the Contractor shall not be relieved thereby from responsibility for the due

performance of the works in all respects.

20.(2) Alterations To Be Authorized : No alterations in or additions to or omissions or abandonment of

any part of the works shall be deemed authorised, except under instructions from the Engineer, and the

Contractor shall be responsible to obtain such instructions in each and every case in writing from the

Engineer.




20.(3) Extra Works : Should works over and above those included in the contract require to be executed at

the site, the contractor shall have no right to be entrusted with the execution of such works which may be

carried out by another contractor or contractors or by other means at the option of the Railway.

20.(4) Separate Contracts In Connection With Works : The Railway shall have the right to let other

contracts in connection with the works. The Contractor shall afford other contractors reasonable opportunity

for the storage of their materials and the execution of their works and shall properly connect and coordinate

his work with theirs. If any part of the Contractors work depends for proper execution or result upon the

work of another contractor(s), the Contractor shall inspect and promptly report to the Engineer any defects in

such works that render it unsuitable for such proper execution and results. The Contractor's failure so-to

inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the

reception of his work, except as to defects which may develop in the other contractor's work after the

execution of his work.

21. Instruction Of Engineer's Representative : Any instructions or approval given by the Engineer's

representative to Contractor in connection with the works shall bind the Contractor as though it had been

given by the Engineer provided always as follows:

(a) Failure of the Engineer's representative to disapprove any work or materials shall not prejudice the

power of the Engineer thereafter to disapprove such work or material and to order the removal or

breaking up thereof.

(b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer's representative, he

shall be entitled to refer the matter to the Engineer who shall there upon confirm or vary such

decision.




22.(1) Adherence To Specifications And Drawings : The whole of the works shall be executed in perfect

conformity with the specifications and drawings of the contract. If Contractor performs any works in a

manner contrary to the specifications or drawings or any of them and without such reference to the Engineer,

he shall bear all the costs arising or ensuing therefrom and shall be responsible for all loss to the Railway.

22.(2) Drawings And Specifications Of The Works : The Contractor shall keep one copy of Drawings and

Specifications at the site, in good order, and such contract documents as may be necessary, available to the

Engineer or the Engineer's Representative.

22.(3) Ownership Of Drawings And Specifications : All Drawings and Specifications and copies thereof

furnished by the Railway to the Contractor are deemed to be the property of the Railway. They shall not be

used on other works and with the exception of the signed contract set, shall be returned by the Contractor to

the Railway on completion of the work or termination of the Contract.

22.(4) Compliance With Contractor's Request For Details : The Engineer shall furnish with reasonable

promptness, after receipt by him of the Contractor's request for the same, additional instructions by means of

drawings or otherwise, necessary for the proper execution of the works or any part thereof. All such

drawings and instructions shall be consistent with the Contract Documents and reasonably inferable

therefrom.

22.(5) Meaning And Intent Of Specification And Drawings : If any ambiguity arises as to the meaning

and intent of any portion of the Specifications and Drawings or as to execution or quality of any work or

material, or as to the measurements of the works the decision of the Engineer thereon shall be final subject to

the appeal (within 7 days of such decision being intimated to the Contractor) to the Chief Engineer who shall

have the power to correct any errors, omissions, or discrepancies in aforementioned items and whose

decision in the matter in dispute or doubt shall be final and conclusive.

23. Working During Night : The Contractor shall not carry out any work between sun-set and sun-rise

without the previous permission of the Engineer.

24. Damage To Railway Property Or Private Life And Property : The Contractor shall be responsible

for all risk to the work and for trespass and shall make good at his on expense all loss or damage whether to

the works themselves or to any other property of the Railway or the lives, persons or property of others from

whatsoever cause in connection with the works until they are taken over by the Railway and this although all

reasonable and proper precautions may have been taken by the Contractor, and in case the Railway shall be

called upon to make good any costs, loss or damages, or to pay any compensation, including that payable

under the provisions of the Workmen's Compensation Act or any statutory amendments thereof to any

person or persons sustaining damages as aforesaid by reason of any act, or any negligence or omissions on

the part of the Contractor; the amount of any costs or charges including costs and charges in connection with

legal proceedings, which the Railway may incur in reference thereto, shall be charged to the Contractor. The

Railway shall have the power and right to pay or to defend or compromise any claim of threatened legal

proceedings or in anticipation of legal proceedings being instituted consequent on the action or default of the

Contractor, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect

of such proceedings, charging to Contractor, as aforesaid, any sum or sums of money which may be paid and

any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such

payment, defence or compromise, and the incurring of any such expenses shall not be called in question by

the Contractor.




25. Sheds, Stores Houses And Yards : The Contractor shall at his own expense provide himself with

sheds, storehouses and yards in such situations and in such numbers as in the opinion of the Engineer is

requisite for carrying on the works and the Contractor shall keep at each such sheds, store-houses and yards a

sufficient quantity of materials and plant in stock as not to delay the carrying out of the works with due

expedition and the Engineer and the Engineer's representative shall have free access to the said sheds, store

houses and yards at any time for the purpose of inspecting the stock of materials or plant so kept in hand, and

any materials or plant which the Engineer may object to shall not be brought upon or used in the works, but

shall be forthwith removed from the sheds, store houses or yards by the Contractor. The Contractor shall at

his own expenses provide and maintain suitable mortar mills, soaking vats or any other equipments

necessary for the execution of the works.

26. Provision Of Efficient And Competent Staff At Work Sites By The Contractor

26.1 The Contractor shall place and keep on the works at all times efficient and competent staff to give

the necessary directions to his workmen and to see that they execute their work in sound & proper manner

and shall employ only such supervisors, workmen & labourers in or about the execution of any of these

works as are careful and skilled in the various trades.

26.2 The Contractor shall at once remove from the works any agents, permitted sub-contractor,

supervisor, workman or labourer who shall be objected to by the Engineer and if and whenever required by

the Engineer, he shall submit a correct return showing the names of all staff and workmen employed by him.

26.3 In the event of the Engineer being of the opinion that the Contractor is not employing on the works

a sufficient number of staff and workmen as is necessary for proper completion of the works within the time

prescribed, the Contractor shall forthwith on receiving intimation to this effect deploy the additional number

of staff and labour as specified by the Engineer within seven days of being so required and failure on the part

of the Contractor to comply with such instructions will entitle the Railway to rescind the contract under

Clause 62 of these conditions.

26A. Deployment Of Qualified Engineers At Work Sites By The Contractor :

26A.1 The contractor shall also employ Qualified Graduate Engineer or Qualified Diploma Holder

Engineer, based on value of contract, as may be prescribed by the Ministry of Railways through separate

instructions from time to time.

26A.2 In case the contractor fails to employ the Engineer, as aforesaid in Para 26A.1, he shall be liable to

pay penalty at the rates, as may be prescribed by the Ministry of Railways through separate instructions from

time to time for the default period for the provisions, as contained in Para 26A.1.

26A.3 No. of qualified engineers required to be deployed by the Contractor for various activities contained

in the works contract shall be specified in the tender documents as ‘special condition of contract’ by the

tender inviting authority.”

Signature of Tenderer/s DRM/WA/Jaipur



Contractor will deploy one qualified Graduate Engineer or Diploma Holder Engineer when the cost of work

will be more than Rs.2.00 Crore or more than Rs.25.0 Lacs but less than Rs.2.00 Crore respectively.

In case the contractor fails to deploy the qualified engineer, contractor will be liable to pay penalty for the

default period as per Clause 26A.2 of the GCC (Ammended upto date).

NOTE :-1. Deployment of qualified engineers is not obligatory for the zonal works contract

2. Individuals having Diploma in Railway Engineering awarded by IPWE (India) shall also be considered as

qualified Diploma Holder Engineers and contractors for track contract works can employ such individuals at

their work site.

3- If a contractor fails to provide site engineer than recover shall be made as per following –

(a) For Graduate Engineer – Rs. 40000/- P.M

(b) For Diploma Engineer – Rs. 25000/- P.M.

4- Any decision taken in this regard by Railways site engineer will be final and contractor will be bound to

accept it.

{1- Railway Board’s letter no. 2012/CE-I/CT/O/20, New Delhi, Dated 10.05.2013}

{2- CPDE/NWR/JP’s letter no. W-374/1/Policy/Similar Works/Vol. 1 dated 06.05.2014}

27.(1) Workmanship And Testing : The whole of the works and/or supply of materials specified and

provided in the contract or that may be necessary to be done in order to form and complete any part thereof

shall be executed in the best and most substantial workman like manner with materials of the best and most

approved quality of their respective kinds, agreeable to the particulars contained in or implied by the

specifications and as referred to in and represented by the drawings or in such other additional particulars,

instructions and drawings may be found requisite to be given during the carrying on of the works and to the

entire satisfaction of the Engineer according to the instructions and directions which the Contractors may

from time to time receive from the Engineer. The materials may be subjected to tests by means of such

machines, instruments and appliances as the Engineer may direct and wholly at the expense of the

Contractor.

27.(2) Removal Of Improper Work And Materials : The Engineer or the Engineer's Representative shall

be entitled to order from time to time:

(a) the removal from the site within the time specified in the order of any materials which in his

opinion are not in accordance with the specifications or drawings.

(b) the substitution of proper and suitable materials, and (c) the removal and proper re-execution, notwithstanding any previous tests thereof or on account payments

therefor, of any work which in respect of materials or workmanship is not in his opinion in accordance with the

specifications and in case of default on the part of the Contractor in carrying out such order, the Railway shall be

entitled to rescind the contract under Clause 62 of these conditions.

28. Facilities For Inspection : The Contractor shall afford the Engineer and the Engineer's

Representative every facility for entering in and upon every portion of the work at all hours for the purpose

of inspection or otherwise and shall provide all labour, materials, planks, ladders, pumps, appliances and

things of every kind required for the purpose and the Engineer and the Engineer's Representative shall at all

times have free access to every part of the works and to all places at which materials for the works are stored

or being prepared.




29. Examination Of Work Before Covering Up : The Contractor shall give 7 days’ notice to the

Engineer or the Engineer's Representative whenever any work or materials are intended to be covered up in

the earth, in bodies or walls or otherwise to be placed beyond the reach of measurements in order that the

work may be inspected or that correct dimensions may be taken before being so covered, placed beyond the

reach of measurement in default whereof, the same shall at the option of the Engineer or the Engineer's

Representative be uncovered and measured at the Contractor's expense or no allowance shall be made for

such work or materials.

30. Temporary Works : All temporary works necessary for the proper execution of the works shall be

provided and maintained by the Contractor and subject to the consent of the Engineer shall be removed by

him at his expenses when they are no longer required and in such manner as the Engineer shall direct. In the

event of failure on the part of the Contractor to remove the temporary works, the Engineer will cause them to

be removed and cost as increased by supervision and other incidental charges shall be recovered from the

Contractor. If temporary huts are provided by the Contractor on the Railway land for labour engaged by him

for the execution of works, the contractor shall arrange for handing over vacant possession of the said land

after the work is completed; if the contractor's labour refuse to vacate, and have to be rejected by the

Railway, necessary expenses incurred by the Railway in connection therewith shall be borne by the

Contractor.

31.(1) Contractor To Supply Water For Works : Unless otherwise provided in the Contract, the Contractor

shall be responsible for the arrangements to obtain supply of water necessary for the works.

31.(2) Water Supply From Railway System : The Railway may supply to the Contractor part or whole of

the quantity of the water required for the execution of works from the Railway's existing water supply

system at or near the site of works on specified terms and conditions and at such charges as shall be

determined by the Railway and payable by the Contractor, provided that the Contractor shall arrange, at his

own expense, to effect the connections and lay additional pipe lines and accessories on the site and that the

Contractor shall not be entitled to any compensation for interruption of failure of the water supply.

31 (2) (a) Charges for water supply by the Railways shall be deducted at the rate of 1% of the cost of the

items (SOR and NS both) on which water has been used.

31.(3) Water Supply By Railway Transport : In the event of the Railway arranging supply of water to the

Contractor at or near the site of works by travelling water tanks or other means, the freight and other charges

incurred thereby, including demurrage charges that may be levied, shall be paid by the Contractor in addition

to the charges referred to in Sub-Clause (2) of the Clause provided that the contractor shall not be entitled to

any compensation for interruption or failure of the water supply.

31.(4) (a) Contractor To Arrange Supply Of Electric Power For Works : Unless otherwise provided in

the contract, the Contractor shall be responsible for arrangements to obtain supply of Electric Power for the

works.




(b) Electric Supply From The Railway System : The Railway may supply to the Contractor part or

whole of the electric power wherever available and possible, required for execution of works from the

Railway's existing electric supply systems at or near the site of works on specified terms and conditions and

such charges as shall be determined by the Railway and payable by the Contractor provided the cost of

arranging necessary connections to the Railway's Electric Supply systems and laying of

underground/overhead conductor, circuit protection, electric power meters, transmission structure, shall be

borne by the Contractor and that the Contractor shall not be entitled to any compensation for interruption or

failure of the Electric supply system.

32. Property In Materials And Plant : The materials and plant brought by the Contractor upon the site

or on the land occupied by the Contractor in connection with the works and intended to be used for the

execution thereof shall immediately, they are brought upon the site of the said land, be deemed to be the

property of the Railway. Such of them as during the progress of the works are rejected by the Engineer under

Clause 25 of these conditions or are declared by him not to be needed for the execution of the works or such

as on the grant of the certificate of completion remain unused shall immediately on such rejection,

declaration or grant cease to be deemed the property of the Railway and the Contractor may then (but not

before) remove them from the site or the said land. This clause shall not in any way diminish the liability of

the Contractor nor shall the Railway be in any way answerable for any loss or damage which may happen to

or in respect of any such materials or plant either by the same being lost, stolen, injured or destroyed by fire,

tempest or otherwise.

33.(1) Tools, Plant And Materials Supplied By Railway : The Contractor shall take all reasonable care of

all tools, plant and materials or other property whether of a like description or not belonging to the Railway

and committed to his charge for the purpose of the works and shall be responsible for all damage or loss

caused by him, his agents, permitted subcontractor, or his workmen or others while they are in his charge.

The Contractors shall sign accountable receipts for tools, plants and materials made over to him by the

Engineer and on completion of the works shall hand over the unused balance of the same to the Engineer in

good order and repair, fair wear and tear excepted, and shall be responsible for any failure to account for the

same or any damage done thereto.

33.(2) Hire Of Railway's Plant : The Railway may hire to the Contractor such plant as concrete mixers,

compressors and portable engines for use during execution of the works on such terms as may be specified in

the special conditions or in a separate agreement for Hire of Plant.

34.(1) Precaution During Progress Of Works : During the execution of works, unless otherwise specified,

the Contractor shall at his own cost provide the materials for and execute all shoring, timbering and strutting

works as is necessary for the stability and safety of all structures, excavations and works and shall ensure that

no damage, injury or loss is caused or likely to be caused to any person or property.

34.(2) Roads And Water Courses : Existing roads or water courses shall not be blocked cut through,

altered, diverted or obstructed in any way by the Contractor, except with the permission of the Engineer. All

compensations claimed for any unauthorized closure, cutting through, alteration, diversion or obstruction to

such roads or water courses by the Contractor or his agent or his staff shall be recoverable from the

Contractor by deduction from any sums which may become due to him in terms of contract, or otherwise

according to law.




34.(3) Provision Of Access To Premises : During progress of work in any street or thoroughfare, the

Contractor shall make adequate provision for the passage of traffic, for securing safe access to all premises

approached from such street or thoroughfare and for any drainage, water supply or means of lighting which

may be interrupted by reasons of the execution of the works and shall react and maintain at his own cost

barriers, lights and other safeguards as prescribed by the Engineer, for the regulation of the traffic, and

provide watchmen necessary to prevent accidents. The works shall in such cases be executed night and day,

if so ordered by the Engineer and with such vigour so that the traffic way be impeded for as short a time as

possible.

34.(4) Safety Of Public : The Contractor shall be responsible to take all precautions to ensure the safety of

the public whether on public or Railway property and shall post such look out men as may, in the opinion of

the Engineer, be required to comply with regulations appertaining to the work.

35. Use Of Explosives : Explosives shall not be used on the works or on the site by the Contractor

without the permission of the Engineer and then only in the manner and to the extent to which such

permission is given. Where explosives are required for the works, they shall be stored in a special magazine

to be provided by and at the cost of the Contractor in accordance with the Explosive Rules. The Contractor

shall obtain the necessary license for the storage and the use of explosives and all operations in which or for

which explosives are employed shall be at the sole risk and responsibility of the Contractor and the

Contractor shall indemnify the Railway in respect thereof.

36.(1) Suspension Of Works : The Contractor shall on the order of the Engineer, suspend the progress of

the works or any part thereof for such time or times and in such manner as the Engineer may consider

necessary and shall during such suspension properly protect and secure the work so far as is necessary in the

opinion of the Engineer. If such suspension is:

(a) Provided for in the contract, or

(b) Necessary for the proper execution of the works or by the reason of weather conditions or by some

default on the part of the Contractor, and or

(c) Necessary for the safety of the works or any part thereof.

36.(2) The Contractor shall not be entitled to the extra costs, if any, incurred by him during the period of

suspension of the works, but in the event of any suspension ordered by the Engineer for reasons other than

aforementioned and when each such period of suspension exceeds 14 days, the Contractor shall be entitled to

such extension of time for completion of the works as the Engineer may consider proper having regard to the

period or periods of such suspensions and to such compensations as the Engineer may consider reasonable in

respect of salaries or wages paid by the Contractor to his employees during the periods of such suspension.

36.(3) Suspension Lasting More Than 3 Months : If the progress of the works or any part thereof is

suspended on the order of the Engineer for more than three months at a time, the Contractor may serve a

written notice on the Engineer requiring permission within 15 days from the receipt thereof to proceed with

the works or that part thereof in regard to which progress is suspended and if such permission is not granted

within that time the Contractor by further written notice so served may, but is not bound to, elect to treat the

suspension where it affects part only of the works as an omission of such part or where it affects the whole of

the works, as an abandonment of the contract by the Railway.




37. Rates For Items Of Works : The rates, entered in the accepted Schedule of Rates of the Contract are

intended to provide for works duly and properly completed in accordance with the General and Special (if

any) Conditions of the Contract and the Specifications and drawings together with such enlargements,

extensions, diminutions, reductions, alterations or additions as may be ordered in terms of Clause 42 of these

conditions and without prejudice to the generality thereof and shall be deemed to include and cover

superintendence and labour, supply, including full freight of materials, stores, patterns, profiles, moulds,

fittings, centerings, scaffolding, shoring props, timber, machinery, barracks, tackle, roads, pegs, posts, tools

and all apparatus and plant required on the works, except such tools, plant or materials as may be specified in

the contract to be supplied to the Contractor by the Railway, the erection, maintenance and removal of all

temporary works and buildings, all watching, lighting, bailing, pumping and draining, all prevention of or

compensation for trespass, all barriers and arrangements for the safety of the public or of employees during

the execution of works, all sanitary and medical arrangements for labour camps as may be prescribed by the

Railway, the setting of all work and of the construction, repair and upkeep of all centre lines, bench marks

and level pegs thereon, site clearance, all fees duties, royalties, rent and compensation to owners for surface

damage or taxes and impositions payable to local authorities in respect of land, structures and all material

supplied for the work or other duties of expenses for which the Contractor may become liable or may be put

to under any provision of law for the purpose of or in connection with the execution of the contract and all

such other incidental charges or contingencies as may have been specially provided for in the Specifications.

38. Demurrage And Wharfage Dues : Demurrage charges calculated in accordance with the scale in

force for the time being on the Railway and incurred by the Contractor failing to load or unload any goods of

materials within the time allowed by the Railway for loading as also wharfage charges, of materials not

removed in time as also charges due on consignments booked by or to him shall be paid by the Contractor,

failing which such charges shall be debited to the Contractor's account in the hands of the Railway and shall

be deducted from any sums which may become due to him in terms of the contracts.

39. (1) Rates For Extra Items Of Works : Any item of work carried out by the Contractor on the

instructions of the Engineer which is not included in the accepted Schedules of Rates shall be executed at the

rates set forth in the "Schedule of Rates of Railway" modified by the tender percentage and such items are

not contained in the latter, at the rate agreed upon between the Engineer and the Contractor before the

execution of such items of work and the Contractors shall be bound to notify the Engineer at least seven days

before the necessity arises for the execution of such items of works that the accepted Schedule of Rates does

not include rate or rates for the extra work involved. The rates payable for such items shall be decided at the

meeting to be held between the Engineer and Contractor, in as short a period as possible after the need for

the special item has come to the notice. In case the Contractor fails to attend the meeting after being notified

to do so or in the event of no settlement being arrived at, the Railway shall be entitled to execute the extra

works by other means and the Contractor shall have no claim for loss or damage that may result from such

procedure.

39.(2) Provided that if the Contractor commences work or incurs any expenditure in regard thereto before

the rates as determined and agreed upon as lastly hereuntofore-mentioned, then and in such a case the

Contractor shall only be entitled to be paid in respect of the work




carried out or expenditure incurred by him prior to the date of determination of the rates as aforesaid

according to the rates as shall be fixed by the Engineer. However, if the Contractor is not satisfied with the

decision of the Engineer in this respect, he may appeal to the Chief Engineer within 30 days of getting the

decision of the Engineer, supported by analysis of the rates claimed. The Chief Engineer's decision after

hearing both the parties in the matter would be final and binding on the Contractor and the Railway.

40.(1) Handing Over Of Works : The Contractor shall be bound to hand over the works executed under

the contract to the Railway complete in all respects to the satisfaction of the Engineer. The Engineer shall

determine the date on which the work is considered to have been completed, in support of which his

certificate shall be regarded as sufficient evidence for all purposes. The Engineer shall determine from time

to time, the date on which any particular section of the work shall have been completed, and the contractor

shall be bound to observe any such determination of the Engineer.

40.(2) Clearance Of Site On Completion : On completion of the works, the Contractor shall clear away

and remove from the site all constructional plant, surplus materials, rubbish and temporary works of every

kind and leave the whole of the site and works clean and in a workman like condition to the satisfaction of

the Engineer. No final payment in settlement of the accounts for the works shall be paid, held to be due or

shall be made to the, Contractor till, in addition to any other condition necessary for final payment, site

clearance shall have been affected by him, and such clearance may be made by the Engineer at the expense

of the Contractor in the event of his failure to comply with this provision within 7 days after receiving notice

to that effect. Should it become necessary for the Engineer to have the site cleared at the expenses of the

Contractor, the Railway shall not be held liable for any loss or damage to such of the Contractor's property as

may be on the site and due to such removal there from which removal may be affected by means of public

sales of such materials and property or in such a way as deemed fit and convenient to the Engineer.

VARIATIONS IN EXTENT OF CONTRACT

41. Modification To Contract To Be In Writing : In the event of any of the provisions of the contract

requiring to be modified after the contract documents have been signed, the modifications shall be made in

writing and signed by the Railway and the Contractor and no work shall proceed under such modifications

until this has been done. Any verbal or written arrangement abandoning, modifying, extending, reducing or

supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding

on the Railway unless and until the same is incorporated in a formal instrument and signed by the Railway

and the Contractor, and till then the Railway shall have the right to repudiate such arrangements.

42.(1) Powers of Modification To Contract : The Engineer on behalf of the Railway shall be entitled by

order in writing to enlarge or extend, diminish or reduce the works or make any alterations in their design,

character position, site, quantities, dimensions or in the method of their execution or in the combination and

use of materials for the execution thereof or to order any additional work to be done or any works not to be

done and the contractor will




not be entitled, to any compensation for any increase/reduction in the quantities of work but will be paid only

for the actual amount of work done and for approved materials supplied against a specific order.

42.(2) (i) Unless otherwise specified in the special conditions of the contract, the accepted variation in quantity of each

individual item of the contract would be upto 25% of the quantity originally contracted, except in case of foundation work.

The contractor shall be bound to carry out the work at the agreed rates and shall not be entitled to any claim or any

compensation whatsoever upto the limit of 25% variation in quantity of individual item of works.

(ii) In case of earthwork, the variation limit of 25% shall apply to the gross quantity of earth work

and variation in the quantities of individual classifications of soil shall not be subject to this limit.

(iii) In case of foundation work, no variation limit shall apply and the work shall be carried out by

the contractor on agreed rates irrespective of any variation.

42.(3) Valuation Of Variations : The enlargements, extensions, diminution, reduction, alterations or

additions referred to in Sub-Clause (2) of this Clause shall in no degree affect the validity of the contract; but

shall be performed by the Contractor as provided therein and be subject to the same conditions, stipulations

and obligations as if they had been originally and expressively included and provided for in the

Specifications and Drawings and the amounts to be paid therefor shall be calculated in accordance with the

accepted Schedule of Rates. Any extra items/quantities of work falling outside the purview of the provisions

of Sub-Clause (2) above shall be paid for at the rates determined under Clause-39 of these Conditions.

42.(4) Variations In Quantities During Execution Of Works Contracts : The procedure detailed below

shall be adopted for dealing with variations in quantities during execution of works contracts:

1. Individual NS items in contracts shall be operated with variation of plus or minus 25% and payment

would be made as per the agreement rate. For this, no finance concurrence would be required.

2. In case an increase in quantity of an individual item by more than 25% of the agreement quantity is

considered unavoidable, the same shall be got executed by floating a fresh tender. If floating a fresh

tender for operating that item is considered not practicable, quantity of that item may be operated in

excess of 125% of the agreement quantity subject to the following conditions:

(a) Operation of an item by more than 125% of the agreement quantity needs the approval of an officer

of the rank not less than S.A. Grade;

(i) Quantities operated in excess of 125% but upto 140% of the agreement quantity of the concerned

item, shall be paid at 98% of the rate awarded for that item in that particular tender;

(ii) Quantities operated in excess of 140% but upto 150% of the agreement quantity of the concerned

item shall be paid at 96% of the rate awarded for that item in that particular tender;




(iii) Variation in quantities of individual items beyond 150% will be prohibited and would be permitted

only in exceptional unavoidable circumstances with the concurrence of associate finance and shall

be paid at 96% of the rate awarded for that item in that particular tender.

(b) The variation in quantities as per the above formula will apply only to the Individual items of the

contract and not on the overall contract value.

(c) Execution of quantities beyond 150% of the overall agreemental value should not be permitted and,

if found necessary, should be only through fresh tenders or by negotiating with existing contractor,

with prior personal concurrence of FA&CAO / FA&CAO(C) and approval of General Manager.

3. In cases where decrease is involved during execution of contract :

(a) The contract signing authority can decrease the items upto 25% of individual item without finance

concurrence.

(b) For decrease beyond 25% for individual items or 25% of contract agreement value, the approval of

an officer not less than rank of S.A. Grade may be taken, after obtaining 'No Claim Certificate'

from the contractor and with finance concurrence, giving detailed reasons for each such decrease in

the quantities.

(c) It should be certified that the work proposed to be reduced will not be required in the same work.

4. The limit for varying quantities for minor value items shall be 100% (as against 25% prescribed for

other items). A minor value item for this purpose is defined as an item whose original agreement

value is less than 1 % of the total original agreement value.

5. No such quantity variation limit shall apply for foundation items.

6. As far as SOR items are concerned, the limit of 25% would apply to the value of SOR schedule as a

whole and not on individual SOR items. However, in case of NS items, the limit of 25%

would apply on the individual items irrespective of the manner of quoting the rate (single

percentage rate or individual item rate).

7. For the tenders accepted at Zonal Railways level, variations in the quantities will be approved by

the authority in whose powers revised value of the agreement lies.

8. For tenders accepted by General Manager, variations upto 125% of the original agreement value

may be accepted by General Manager.

9. For tenders accepted by Board Members and Railway Ministers, variations upto 110% of the

original agreement value may be accepted by General Manager.

10. The aspect of vitiation of tender with respect to variation in quantities should be checked and

avoided. In case of vitiation of the tender (both for increase as well as decrease of value of contract

agreement), sanction of the competent authority as per single tender should be obtained.

{Authority : (1) Item-9 to Railway Board's letter no. 2007/CE-I/CT/18, Dated 28.09.07 and (2)

Item-2 to Railway Board’s letter no. 2007/CE.I/CT/18/Pt.XII, Dated 31.12.10}




CLAIMS

43.(1) Monthly Statement Of Claims : The Contractor shall prepare and furnish to the Engineer once in

every month an account giving full and detailed particulars of all claims for any additional expenses to which

the Contractor may consider himself entitled to and of all extra or additional works ordered by the Engineer

which he has executed during the preceding month and no claim for payment for and such work will be

considered which has not been included in such particulars.

43.(2) Signing Of "No Claim" Certificate : The Contractor shall not be entitled to make any claim

whatsoever against the Railway under or by virtue of or arising out of this contract, nor shall the Railway

entertain or consider any such claim, if made by the Contractor, after he shall have signed a "No Claim"

Certificate in favour of the Railway in such form as shall be required by the Railway after the works are

finally measured up. The Contactor shall be debarred from disputing the correctness of the items covered by

"No Claim" Certificate or demanding a clearance to arbitration in respect thereof.

MEASUREMENTS, CERTIFICATES AND PAYMENTS

44. Quantities In Schedule Annexed To Contract : The quantities set out in the accepted Schedule of

Rates with items of works quantified are the estimated quantities of the works and they shall not be taken as

the actual and correct quantities of the work to be executed by the Contractor in fulfillment of his obligations

under the contract.

45. Measurement Of Works : The Contractor shall be paid for the works at the rates in the accepted

Schedule of Rates and for extra works at rates determined under Clause 39 of these Conditions on the

measurements taken by the Engineer or the Engineer's representative in accordance with the rules prescribed

for the purpose by the Railway. The quantities for items the unit of which in the accepted Schedule of Rates

is 100 or 1000 shall be calculated to the nearest whole number, any fraction below half being dropped and

half and above being taken as one; for items the unit of which in the accepted Schedule of Rates is single, the

quantities shall be calculated to two places of decimals. Such measurements will be taken of the work in

progress from time to time and at such intervals as in the opinion of the Engineer shall be proper having

regard to the progress of works. The date and time on which ‘on account’ or ‘final’ measurements are to be

made shall be communicated to the Contractor who shall be present at the site and shall sign the results of

the measurements (which shall also be signed by the Engineer or the Engineer's representative) recorded in

the official measurements book as an acknowledgement of his acceptance of the accuracy of the

measurements. Failing the Contractor's attendance, the work may be measured up in his absence and such

measurements shall, notwithstanding such absence, be binding upon the Contractor whether or not he shall

have signed the measurement books provided always that any objection made by him to measurement shall

be duly investigated and considered in the manner set out below:

(a) It shall be open to the Contractor to take specific objection to any recorded measurements or

Classification on any ground within seven days of the date of such measurements. Any re-

measurement taken by the Engineer or the Engineer's representative in the presence of the

Contractor or in his absence after due notice




has been given to him in consequence of objection made by the Contractor shall be final and binding on the

Contractor and no claim whatsoever shall thereafter be entertained regarding the accuracy and

classification of the measurements.

(b) If an objection raised by the Contractor is found by the Engineer to be incorrect the Contractor shall

be liable to pay the actual expenses incurred in measurements.

46.(1) "On-Account " Payments : The Contractor shall be entitled to be paid from time to time by way of

"On-Account" payment only for such works as in the opinion of the Engineer he has executed in terms of the

contract. All payments due on the Engineer's or the Engineer's Representative's certificates of measurements

shall be subject to any deductions which may be made under these presents and shall further be subject to,

unless otherwise required by Clause 16 of these Conditions, a retention of ten percent by way of Security

Deposits, until the amount of Security Deposit by way of retained earnest money and such retentions shall

amount to 10% of the total value of the contract provided always that the Engineer may by any certificate

make any correction or modification in any previous certificate which shall have been issued by him and that

the Engineer may withhold any certificate, if the works or any part thereof are not being carried out to his

satisfaction.

46.(2) Rounding Off Amounts : The total amount due on each certificate shall be rounded off to the

nearest rupee, i.e. sum less than 50 paise shall be omitted and sums of 50 paise and more upto Rs.1 will be

reckoned as Rs. 1.

46.(3) On Account Payments Not Prejudicial To Final Settlement : "On-Account" payments made to the

Contractor shall be without prejudice to the final making up of the accounts (except where measurements are

specifically noted in the Measurement Book as "Final Measurements" and as such have been signed by the

Contractor) and shall in no respect be considered or used as evidence of any facts stated in or to be inferred

from such accounts nor of any particular quantity of work having been executed nor of the manner of its

execution being satisfactory.

46.(4) Manner Of Payment : Unless otherwise specified payments to the Contractor will be made by

cheque; but no cheque will be issued for and amount less than Rs.100.

46A. Price Variation Clause (PVC) :

46A.1 Applicability: Price Variation Clause (PVC) shall be applicable only for contracts of value

(Contract agreement value) Rs. 50 Lac and more irrespective of contract completion period.

Price Variation Clause (PVC) shall be applicable only for contracts of value as prescribed by the

Ministry of Railways through instructions/circulars issued from time to time and irrespective of the

contract completion period. “Variation in quantities shall not be taken in to account for applicability

of PVC in the contract. Materials supplied free of cost by Railway to the contractors shall fall

outside the purview of Price Variation Clause. If, in any




case, accepted offer includes some specific payment to be made to consultants or some materials

supplied by Railway free or at fixed rate, such payments shall be excluded from the gross value of

the work for the purpose of payment/recovery of price variation.

Applicability of Price Variation Clause (PVC) based on original contract value is illustred as under

:-

If estimated value of a tender (NIT value) is Rs. 55 Lac but value of the contract as per contract

agreement is Rs. 45 LAC, than PVC shall not apply even if the actual final value is Rs. 50 lacs or

more due to variation in quantities during execution of the contract. Thus, variation in quantities

after signing of contract agreement is not relevant for deciding whether PVC is applicable to a

contractor or not.

46A.2 Base Month : The Base Month for ‘Price Variation Clause’ shall be taken as month of opening of

tender including extensions, if any, unless otherwise stated elsewhere. The quarter for applicability

of PVC shall commence from the month following the month of opening of tender. The Price

Variation shall be based on the average Price Index of the quarter under consideration. If

negotiation is done then base month will be treated as the month in which negotiation is done.

46A.3 Validity : Rates accepted by Railway Administration shall hold good till completion of work and no

additional individual claim shall be admissible on account of fluctuations in market rates, increase

in taxes/any other levies/tolls etc. except that payment/recovery for overall market situation shall be

made as per Price Variation Clause given hereunder.

46A.4 Adjustment for variation in prices of material, labour, fuel, explosives, detonators, steel, concreting,

ferrous, non-ferrous, insulators, zinc and cement shall be determined in the manner prescribed.

46A.5 Components of various items in a contract on which variation in prices be admissible, shall be

Material, Labour, Fuel, Explosives, Detonators, Steel, Cement & Lime, Concreting, Ferrous, Non-

ferrous, Insulator, Zinc, Erection etc. However, for fixed components, no price variation shall be

admissible.

46A.6 The percentages of labour component, material component, fuel component etc. in various types of

Engineering Works shall be as under :

Component Percentage Component Percentage

(A) Earthwork Contracts :

Labour Component 50% Other Material

Components

15%

Fuel Component 20% Fixed Component * 15%




(B) Ballast and Quarry Products Contracts :

Labour Component 55% Other Material

Components

15%

Fuel Component 15% Fixed Component * 15%

(C) Tunnelling Contracts :

Labour Component 45% Detonators Component 5%

Fuel Component 15% Other Material

Components

5%

Explosive Component 15% Fixed Component * 15%

(D) Other Works Contracts :

Labour Component 30% Fuel Component 15%

Material Component 40% Fixed Component * 15%

* It shall not be considered for any price variation.

Formulae : The Amount of variation in prices in several components (labour material etc.) shall be worked out

by the following formulae :

(i) L = W x (LQ – LB) x LC

LB 100

(ii) M = W x (MQ – MB) x MC

MB 100

(iii) F = W x (FQ – FB) x FC

FB 100

(iv) E = W x (EQ – EB) x EC

EB 100

(v) D = W x (DQ – DB) x DC

DB 100

(vi) S = SW x (SQ – SB)

(vii) C = CV x (CQ – CB) / CB

For Railway Electrification Works :

(viii) T = [(CS - CO) / CO x 0.4136] x TC

(ix) R = [(RT - RO) / RO + (ZT - ZO) / ZO x 0.06] x RC

(x) N = [(PT - PO) / PO] x NC

(xi) Z = [(ZT - ZO) / ZO] x ZC

(xii) I = [(IT – IO) / IT] x 85



Where,


L Amount of price variation in Labour

M Amount of price variation in Materials

F Amount of price variation in Fuel

E Amount of price variation in Explosives

D Amount of price variation in Detonators

S Amount of price variation in Steel

C Amount of price variation in Cement

T Amount of price variation in Concreting

R Amount of price variation in Ferrous Items

N Amount of price variation in Non-Ferrous Items

Z Amount of price variation in Zinc

I Amount of price variation in Insulator

LC % of Labour Component

MC % of Material Component

FC % of Fuel Component

EC % of Explosive Component

DC % of Detonators Component

TC % of Concreting Component

RC % of Ferrous Component

NC % of Non-Ferrous Component

ZC % of Zinc Component

W Gross value of work done by contractor as per on-account bill(s), excluding cost of materials

supplied by Railway at fixed price, minus the price values of cement and steel. This will also

exclude specific payment, if any, to be made to the consultants engaged by contractors (such

payment shall be indicated in the contractor’s offer)

LB Consumer Price Index Number for Industrial Workers - All India : Published in R.B.I. Bulletin for

the base period

LQ Consumer Price Index Number for Industrial Workers - All India : Published in R.B.I. Bulletin for

the average price index of the 3 months of the quarter under consideration

MB Index Number of Wholesale Prices – By Groups and Sub-Groups : All commodities – as published

in the R.B.I. Bulletin for the base period

MQ Index Number of Wholesale Prices – By Groups and Sub-Groups : All commodities – as published

in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration

FB Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel and Power as published

in the R.B.I. Bulletin for the base period

FQ Index Number of Wholesale Prices – By Groups and Sub-Groups for Fuel and Power as published

in the R.B.I. Bulletin for the average price index of the 3 months of the quarter under consideration




EB Cost of explosives, as fixed by DGS&D in the relevant rate contract of the firm from whom

purchases of explosives are made by the contractor for the base period

EQ Cost of explosives, as fixed by DGS&D in the relevant rate contract of the firm from whom

purchases of explosives are made by the contractor for the average price index of the 3

months of the quarter under consideration

DB Cost of detonators, as fixed by DGS&D in the relevant rate contract of the firm from whom

purchases of detonators are made by the contractor for the base period

DQ Cost of detonators, as fixed by DGS&D in the relevant rate contract of the firm from whom

purchases of detonators are made by the contractor for the average price index of the 3

months of the quarter under consideration

SW Weight of steel in tonne, supplied by the contractor as per the ‘on-account’ bill for the

month under consideration

SQ SAIL’s (Steel Authority of India Limited) ex-works price plus Excise Duty thereof (in

rupees per tonne) for the relevant category of steel supplied by the contractor, as prevailing

on the first day of the month in which the steel was purchased by the contractor (or) as

prevailing on the first day of the month in which steel was brought to the site by the

contractor, whichever is lower

In case, there is no notification by SAIL for the month under consideration, the price of

steel, as notified in the last available month shall be taken

SB SAIL’s ex-works price plus Excise Duty thereof (in Rs. per tonne) for the relevant category

of steel supplied by the contractor as prevailing on the first day of the month in which the

tender was opened

In case, there is no notification by SAIL for the month under consideration, the price of

steel, as notified in the last available month shall be taken

CV Value of Cement supplied by Contractor as per on account bill in the quarter under

consideration

CB Index No. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the base period

CQ Index No. of Wholesale Price of sub-group (of Cement & Lime) as published in RBI

Bulletin for the average price index of the 3 months of the quarter under consideration

CS RBI wholesale price index for cement & lime for the month which is six months prior to

date of casting of foundation

Co RBI wholesale price index for cement & lime for the month which is one month prior to

date of opening of tender

RT IEEMA price index for Iron & Steel for the month which is two months prior to date of

inspection of material.

RO IEEMA price index for Iron & Steel for the month which is one month prior to date of

opening of tender.

PT IEEMA price for Copper wire bar for the month which is two months prior to date of

inspection of material.




PO IEEMA price for Copper wire bar for the month which is one month prior to date of

opening of tender.

ZT IEEMA price for Zinc for the month which is two months prior to date of inspection of

material

ZO IEEMA price for Zinc for the month which is one month prior to date of opening of tender

IT RBI wholesale price index for Structural Clay Products for the month which is two months

prior to date of inspection of material

IO RBI wholesale price index for Structural Clay Products for the month which is one month

prior to date of opening of tender

{Authority : Railway Board’s letters no. 85/W-I/CT/7 Pt.I, Dated 18.07.2012 and no.

2007/CE-I/CT/18/Pt.13, Dated 02.05.2014}

46A.8 The demands for escalation of cost shall be allowed on the basis of provisional indices made

available by Reserve Bank of India. Any adjustment needed to be done based on the finally

published indices shall be made as and when they become available.

46A.9 Relevant categories of steel for the purpose of operating Price Variation formula, as mentioned in

this Clause, based on SAIL’s ex-works price plus Excise Duty thereof, shall be as under :

SL

Category Of Steel Supplied

In Railway Work

Category Of Steel Produced By SAIL Whose

Ex-Works Price Plus Excise Duty Would Be

Adopted To Determine Price Variation

1 Reinforcement bars and other

rounds

TMT 8mm IS 1786 Fe 415/Fe 500

2. All types and sizes of angles Angle 65 x 65 x 6 mm IS 2062 E250A SK

3. All types and sizes of plates PM Plates above 10-20 mm IS 2062 E250A SK

4. All types and sizes of

channels and joists

Channels 200 x 75 mm IS 2062 E250A SK

5. Any other section of steel not

covered in the above

categories and excluding HTS

Average of price for the 3 categories covered

under SL 1, 2 & 3 above

46A.10 Price Variation During Extended Period Of Contract

The price adjustment as worked out above, i.e. either increase or decrease shall be applicable upto

the stipulated date of completion of work including the extended period of completion where such

extension has been granted under Clause 17-A of the Standard General Conditions of Contract.

However, where extension of time has been granted due to contractor’s failure under Clause 17-B

of the Standard General Conditions of Contract, price adjustment shall be done as follows :

(a) In case the indices increase above the indices applicable to the last month of original completion

period or the extended period under Clause 17-A, the price adjustment for the period of extension

granted under Clause 17-B shall be limited to the amount




(b) payable as per the Indices applicable to the last month of the original completion period or the

extended period under Clause 17-A of the Standard General Conditions of Contract; as the case may

be.

(c) In case the indices fall below the indices applicable to the last month of original/ extended period of

completion under Clause 17-A, as the case may be; then the lower indices shall be adopted for the

price adjustment for the period of extension under Clause 17-B of the Standard General Conditions

of Contract.

(d) The Price Variation Clause (PVC) of General Condition of Contract (GCC) shall not apply to such

a works contract which is either an Annual Maintenance Contract (AMC) or a zonal Contract.

{Authority : Railway Board’s letters no. 2007/CE-I/CT/18/Pt.19, Dated 14.12.12}

47. Maintenance Of Works : The Contractor shall at all times during the progress and continuance of

the works and also for the period of maintenance specified in the Tender Form after the date of passing of the

certificate of completion by the Engineer or any other earlier date subsequent to the completion of the works

that may be fixed by the Engineer be responsible for and effectively maintain and uphold in good substantial,

sound and perfect condition all and every part of the works and shall make good from time to time and at all

times as often as the Engineer shall require, any damage or defect that may during the above period arise in

or be discovered or be in any way connected with the works, provided that such damage or defect is not

directly caused by errors in the contract documents, act of providence or insurrection or civil riot, and the

Contractor shall be liable for and shall pay and make good to the Railway or other persons legally entitled

thereto whenever required by the Engineer so to do, all losses, damages, costs and expenses they or any of

them may incur or be put or be liable to by reasons or in consequence of the operations of the Contractor or

of his failure in any respect.

48.(1) Certificate Of Completion Of Works : As soon as in the opinion of the Engineer, the work has been

completed and has satisfactorily passed any final test or tests that may be prescribed, the Engineer shall issue

a certificate of completion duly indicating the date of completion in respect of the work and the period of

maintenance of the work shall commence from the date of completion mentioned in such certificate. The

Engineer may also issue such a certificate indicating date of completion with respect to any part of the work

(before the completion of the whole of work), which has been both completed to the satisfaction of the

Engineer and occupied or used by the Railway. When any such certificate is given in respect of part of a

work, such part shall be considered as completed and the period of maintenance of such part shall commence

from the date of completion mentioned in the completion certificate issued for that part of the work.

{Authority : Railway Board’s letter no. 2010/CE-I/CT/11, Dated 11.06.2010}

48.(2) Contractor Not Absolved By Completion Certificate : The Certificate of Completion in respect of

the works referred to in Sub-Clause (1) of this Clause shall not absolve the Contractor from his liability to

make good any defects imperfections, shrinkages or faults which may appear during the period of

maintenance specified in the tender arising in the opinion of the Engineer from materials or workmanship not

in accordance with the drawings or specifications or instruction of the Engineer, which defects,

imperfections, shrinkages or faults shall upon the direction in writing of the Engineer be amended and made

good by the Contractor at his own cost; and in case of default on the part of Contractor, the Engineer may

employ labour and materials or appoint another Contractor to amend and make good such defects,

imperfections, shrinkages and faults and all expenses consequent thereon and incidental thereto shall be

borne by the Contractor and shall be recoverable from any moneys due to him under the contract.




49. Approval Only By Maintenance Certificate : No certificate other than maintenance certificate

referred to in Clause 50 of the Conditions shall be deemed to constitute approval of any work or other matter

in respect of which it is issued or shall be taken as an admission of the due performance of the contract or

any part thereof or of the accuracy of any claim or demand made by the Contractor or of additional varied

work having been ordered by the Engineer nor shall any other certificate conclude or prejudice any of the

powers of the Engineer.

50.(1) Maintenance Certificate : The Contract shall not be considered as completed until a Maintenance

Certificate shall have been signed by the Engineer stating that the works have been completed and

maintained to his satisfaction. The maintenance Certificate shall be given by the Engineer upon the

expiration of the period of maintenance or as soon thereafter as any works ordered during such period

pursuant to Sub Clause (2) to Clause 48 of these Conditions shall have been completed to the satisfaction of

the Engineer and full effect shall be given to this Clause notwithstanding the taking possession of or using

the works or any part thereof by the Railway.

50.(2) Cessation Of Railway’s Liability : The Railway shall not be liable to the Contractor for any matter

arising out of or in connection with the contract of the execution of the works unless the Contractor shall

have made a claim in writing in respect thereof before the issue of the Maintenance Certificate under this

clause.

50.(3) Unfulfilled Obligations : Notwithstanding the issue of the Maintenance Certificate the Contractor

and (subject to Sub-Clause (2) of this Clause) the Railway shall remain liable for the fulfillment of any

obligation incurred under the provision of the contract prior to the issue of the Maintenance Certificate which

remains unperformed at the time such certificate is issued and for the purposes of determining the nature and

extent of any such obligations, the contract shall be deemed to remain in force between the parties thereto.

51.(1) Final Payment : On the Engineer's certificate of completion in respect of the works, adjustment

shall be made and the balance of account based on the Engineer or the Engineer's representative's certified

measurements of the total quantity of work executed by the Contractor upto the date of completion and on

the accepted schedule or rates and for extra works on rates determined under Clause 39 of these Conditions

shall be paid to the Contractor subject always to any deduction which may be made under these presents and

further subject to the Contractor having delivered to the Engineer either a full account in detail of all claims

he may have on the Railway in respect of the works or having delivered "No Claim Certificate” and the

Engineer having after the receipt of such account given a certificate in writing that such claims are correct,

that the whole of the works to be done under the provisions of the Contracts have been completed, that they

have been inspected by him since their completion and found to be in good and substantial order, that all

properties, works and things, removed, disturbed or injured in consequence of the works have been properly

replaced and made good and all expenses and demands incurred by or made upon the Railway for or in the

respect of damage or loss by from or in consequence of the works, have been satisfied agreeably and in

conformity with the contract.

51.(2) Post Payment Audit : It is an agreed term of contract that the Railway reserves to itself the right to

carry out a post-payment audit and or technical examination of the works and the final bill including all

supporting vouchers, abstracts etc. and to make a claim on the contractor for the refund any excess amount

paid to him, if as a result of such examination any over-payment to him is discovered to have been made in

respect of any works done or alleged to have been done by him under the contract.




51-A. Production Of Vouchers Etc. By The Contractor :

(i) For a contract of more than one crore of rupees, the contractor shall, whenever required, produce or

cause to be produced for examination by the Engineer any quotation, invoice, cost or other account,

book of accounts, voucher, receipt, letter, memorandum, paper of writing or any copy of or extract

from any such document and also furnish information and returns verified in such manner as may

be required in any way relating to the execution of this contract or relevant for verifying or

ascertaining cost of execution of this contract (the decision of the Engineer on the question of

relevancy of any documents, information or return being final and binding in the parties). The

contractor shall similarly produce vouchers etc., if required to prove to the Engineer, that materials

supplied by him, are in accordance with the specifications laid down in the contract.

(ii) If any portion of the work in a contract of value more than one crore of rupees be carried out by a

sub-contractor or any subsidiary or allied firm or company (as per Clause 7 of the Standard General

Conditions of Contract), the Engineer shall have power to secure the books of such sub-contract or

any subsidiary or allied firm or company, through the contractor, and such books shall be open to

his inspection.

(iii) The obligations imposed by Sub Clause (i) & (ii) above is without prejudice to the obligations of

the contractor under any statute rules or orders binding on the contractor.

52. Withholding And Lien In Respect Of Sums Claimed : Whenever any claim or claims for payment

of a sum of money arises out of or under the contract against the contractor, the Railway shall be entitled to

withhold and also have a lien to retain such sum or sums in whole or in part from the security, if any,

deposited by the contractor and for the purpose aforesaid, the Railway shall be entitled to withhold the said

cash Security Deposit or the Security if any, furnished as the case may be and also have a lien over the same

pending finalization or adjudication of any such claim. In the event of the security being insufficient to cover

the claimed amount or amounts or if no security has been taken from the contractor, the Railway shall be

entitled to withhold and have a lien to the extent of the such claimed amount or amounts referred to supra,

from any sum or sums found payable or which at any time thereafter may become payable to the contractor

under the same contract or any other contract with this or any other Railway or any Department of the

Central Government pending finalization or adjudication of any such claim.

It is an agreed term of the contract that the sum of money or moneys so withheld or retained under

the lien referred to above, by the Railway will be kept withheld or retained as such by the Railways till the

claim arising out of or under the contract is determined by the arbitrator (if the contract governed by the

Arbitration Clause) or by the competent court as the case may be and that the contractor will have no claim

for interest or damages whatsoever on any account in respect of such withholding or retention under the lien

referred to supra and duly notified as such to the contractor. For the purpose of this clause, where the

contractor is a partnership firm or a limited company, the Railway shall be entitled to withhold and also have

a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to

any partner / limited company, as the case may be whether in his individual capacity or otherwise.




52-A Lien In Respect Of Claims In Other Contracts :

(i) Any sum of money due and payable to the contractor (including the Security Deposit returnable to

him) under the contract may be withheld or retained by way of lien by the Railway, against any

claim of this or any other Railway or any other Department of the Central Government in respect of

payment of a sum of money arising out of or under any other contract made by the contractor with

this or any other Department of the Central Government.

(ii) However, recovery of claims of Railway in regard to terminated contracts may be made from the

Final Bills, Security Deposits and Performance Guarantees of other contract or contracts, executed

by the contractor. The Performance Guarantees submitted by the Contractor against other contracts,

if required, may be withheld and encashed. In addition, 10% of each subsequent ‘on-account bill’

may be withheld, if required, for recovery of Railway’s dues against the terminated contract.

{Authority : Railway Board’s letter no. 2010/CE-I(Spl.)/CT/41, Dated 27.04.2011}

(iii) It is an agreed term of the contract that the sum of money so withheld or retained under this Clause

by the Railway will be kept withheld or retained as such by the Railway till the claim arising out of

or under any other contract is either mutually settled or determined by arbitration, if the other

contract is governed by Arbitration Clause or by the competent court as the case may be and

contractor shall have no claim for interest or damages whatsoever on this account or on any other

ground in respect of any sum of money withheld or retained under this Clause and duly notified as

such to the contractor.

53. Signature On Receipts For Amounts : Every receipt for money which may become payable or for

any security which may become transferable to the Contractors under these presents, shall, if signed in the

partnership name by anyone of the partners of a Contractor's firm be a good and sufficient discharge to the

Railway in respect of the moneys or security purported to be acknowledged thereby and in the event of death

of any of the Contractor, partners during the pendency of the contract, it is hereby expressly agreed that

every receipt by anyone of the surviving Contractor partners shall if so signed as aforesaid be good and

sufficient discharge as aforesaid provided that nothing in this Clause contained shall be deemed to prejudice

or effect any claim which the Railway may hereafter have against the legal representative of any contractor

partner so dying for or in respect to any breach of any of the conditions of the contract, provided also that

nothing in this clause contained shall be deemed to prejudice or effect the respective rights or obligations of

the Contractor partners and of the legal representatives of any deceased Contractor partners interse.

Appendix B LABOUR 54. Wages To Labour : The Contractor shall be responsible to ensure compliance with the provision of

the Minimum Wages Act, 1948 (hereinafter referred to as the “said Act” and the Rules made thereunder in

respect of any employees directly or through petty contractors or sub-contractors employed by him on road

construction or in building operations or in stone breaking or stone crushing for the purpose of carrying out

this contract.

If, in compliance with the terms of the contract, the Contractor supplied any labour to be used

wholly or partly under the direct orders and control of the Railways whether in connection with any work

being executed by the Contractor or otherwise for the purpose of the Railway such labour shall, for the

purpose of this Clause, still be deemed to be persons employed by the Contractor.




If any moneys shall, as a result of any claim or application made under the said Act be directed to be paid by

the Railway, such money shall be deemed to be moneys payable to the Railway by the Contractor and on

failure by the Contractor to repay the Railway any moneys paid by it as aforesaid within seven days after the

same shall have been demanded, the Railways shall be entitled to recover the same from any moneys due or

accruing to the contractor under this or any other Contract with the Railways.

54-A. Apprentices Act : The Contractor shall be responsible to ensure compliance with the provisions of

the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time in respect of

apprentices directly or through petty contractors or sub-contractors employed by him for the purpose of

carrying out the Contract.

If the contractor directly or through petty contractors or sub-contractors fails to do so, his failure

will be a breach of the contract and the Railway may, in its discretion, rescind the contract. The contractor

shall also be liable for any pecuniary liability arising on account of any violation of the provisions of the Act.

Note: The contractors are required to engage apprentices when the works undertaken by them last for a

period of one year or more and/or the cost of works is rupees one lakh or more.

55. Provisions Of Payments Of Wages Act : The Contractor shall comply with the provisions of the

Payment of Wages Act, 1936 and the rules made thereunder in respect of all employees employed by him

either directly or through petty contractors or sub-contractors in the works. If in compliance with the terms of

the contract, the Contractor directly or through petty contractors or sub-contractors shall supply any labour to

be used wholly or partly under the direct orders and control of the Engineer whether in connection with the

works to be executed hereunder or otherwise for the purpose of the Engineer, such labour shall never the less

be deemed to comprise persons employed by the contractor and any moneys which may be ordered to be

paid by the Engineer shall be deemed to be moneys payable by the Engineer on behalf of the Contractor and

the Engineer may on failure of the Contractor to repay such money to the Railways deduct the same from

any moneys due to the Contractor in terms of the contract. The Railway shall be entitled to deduct from any

moneys due to the contractor (whether under this contract or any other contract) all moneys paid or payable

by the Railway by way of compensation of aforesaid or for costs of expenses in connection with any claim

thereto and the decision of the Engineer upon any question arising out of the effect or force of this Clause

shall be final and binding upon the Contractor.

55-A. Provisions Of Contract Labour (Regulation And Abolition) Act, 1970 :

55-A.(1) The Contractor shall comply with the provision of the contract labour (Regulation and Abolition)

Act, 1970 and the Contract labour (Regulation and Abolition) Central Rules 1971 as modified from time to

time, wherever applicable and shall also indemnify the Railway from and against any claims under the

aforesaid Act and the Rules.

55-A.(2) The Contractor shall obtain a valid license under the aforesaid Act as modified from time to time

before the commencement of the work and continue to have a valid license until the completion of the work.

Any failure to fulfill the requirement shall attract the penal provision of the Contract arising out of the

resultant non-execution of the work.




55-A.(3) The Contractor shall pay to the labour employed by him directly or through subcontractors the

wages as per provision of the aforesaid Act and the Rules wherever applicable. The Contractor shall

notwithstanding the provisions of the contract to the contrary, cause to be paid the wages to labour indirectly

engaged on the works including any engaged by sub-contractors in connection with the said work, as if the

labour had been immediately employed by him.

55-A.(4) In respect of all labour directly or indirectly employed in the work for performance of the

contractor's part of the contract, the Contractor shall comply with or cause to be complied with the provisions

of the aforesaid Act and Rules wherever applicable.

55-A.(5) In every case in which, by virtue of the provisions of the aforesaid Act or the Rules, the Railway

is obliged to pay any amount of wages to a workman employed by the Contractor or his sub-contractor in

execution of the work or to incur any expenditure on account of the Contingent, liability of the Railway due

to the contractor's failure to fulfill his statutory obligations under the aforesaid Act or the rules, the Railway

will recover from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and

without prejudice to the rights of the Railway under the Section 20, Sub-Section (2) and Section 2, Sub-

Section (4) of the aforesaid Act, the Railway shall be at liberty to recover such amount or part thereof by

deducting it from the Security Deposit and/or from any sum due by the Railway to the contractor whether

under the contract or otherwise. The Railway shall not be bound to contest any claim made against it under

Sub-Section (1) of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the written

request of the Contractor and upon his giving to the Railway full security for all costs for which the Railway

might become liable in contesting such claim. The decision of the Railway regarding the amount actually

recoverable from the contractor as stated above shall be final and binding on the Contractor.

55-B. Provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 :

The Contractor shall comply with the provisions of Para 30 & 36-B of the Employees Provident Fund

Scheme, 1952; Para 3 & 4 of Employees’ Pension Scheme, 1995; and Para 7 & 8 of Employees Deposit

Linked Insurance Scheme, 1976; as modified from time to time through enactment of ”Employees Provident

Fund & Miscellaneous Provisions Act, 1952”, wherever applicable and shall also indemnify the Railway

from and against any claims under the aforesaid Act and the Rules.

{Authority : Railway Board’s letter no. 2012/CE-I/CT/O/22, Dated 14.12.2012}

55-C. Provisions of “The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Act, 1996” and “The Building and Other Construction Workers’ Welfare

Cess Act, 1996” :

The tenderers, for carrying out any construction work, must get themselves registered with the Registering

Officer under Section-7 of the Building and Other Construction Workers Act, 1996 and rules made thereto

by the concerned State Govt. and submit certificate of Registration, issued from the Registering Officer of

the concerned State Govt. (Labour Dept.). As per this Act, the tenderer shall be levied a cess @1% of cost of

construction work, which would be deducted from each bill. Cost of material, when supplied under a

separate schedule item, shall be outside the purview of cess.

{Authority : Railway Board’s letter no. 2008/CE-I/CT/6, Dated 29.11.2013}




56. Reporting Of Accidents : The Contractor shall be responsible for the safety of all employees

directly or through petty contractors or sub-contractor employed by him on the works and shall report serious

accidents to any of them however and wherever occurring on the works to the Engineer or the Engineers

Representative and shall make every arrangements to render all possible assistance.

57. Provision Of Workmen’s Compensation Act : In every case in which by virtue of the provisions of

Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923, Railway is obliged to pay

compensation to a workman directly or through petty contractor or subcontractor employed by the

Contractor in executing the work, Railway will recover from the Contractor the amount of the compensation

so paid, and, without prejudice to the rights of Railway under Section 12 Sub-section (2) of the said Act,

Railway shall be at liberty to recover such amount or any part thereof by deducting it from the Security

Deposit or from any sum due by Railway to the Contractor whether under these conditions or otherwise,

Railway shall not be bound to contest any claim made against it under Section 12 Sub-Section (1) of the said

Act except on the written request of the Contractor and upon his giving to Railway full security for all costs

for which Railway might become liable in consequence of contesting such claim.

57-A. Provision Of Mines Act : The Contractor shall observe and perform all the provisions of the Mines

Act, 1952 or any statutory modifications or re-enactment thereof for the time being in force and any rules

and regulations made thereunder in respect of all the persons directly or through the petty contractors or sub-

contractors employed by him under this contract and shall indemnify the Railway from and against any

claims under the Mines Act, or the rules and regulations framed thereunder, by or on behalf of any persons

employed by him or otherwise.

58. Railway Not To Provide Quarters For Contractors : No quarters shall normally be provided by the

Railway for the accommodation of the Contractor or any of his staff employed on the work. In exceptional

cases where accommodation is provided to the Contractor at the Railway's discretion, recoveries shall be

made at such rates as may be fixed by the Railway for the full rent of the buildings and equipments therein as

well as charges for electric current, water supply and conservancy.

59.(1) Labour Camps : The Contractor shall at his own expense make adequate arrangements for the

housing, supply of drinking water and provision of latrines and urinals for his staff and workmen, directly or

through the petty contractors or sub-contractors and for temporary creche (Bal-mandir) where 50 or more

women are employed at a time. Suitable sites on Railway land, if available, may be allotted to the Contractor

for the erection of labour camps, either free of charge or on such terms and conditions that may be prescribed

by the Railway. All camp sites shall be maintained in clean and sanitary conditions by the Contractor at his

own cost.

59.(2) Compliance To Rules For Employment Of Labour : The Contractor(s) shall conform to all laws,

bye-laws rules and regulations for the time being in force pertaining to the employment of local or imported

labour and shall take all necessary precautions to ensure and preserve the health and safety of all staff

employed directly or through petty Contractors or Sub-Contractors on the works.




59.(3) Preservation Of Peace : The Contractor shall take requisite precautions and use his best endeavours

to prevent any riotous or unlawful behaviour by or amongst his workmen and other employed directly or

through the petty contractors or sub-contractors on the works and for the preservation of peace and

protection of the inhabitants and security of property in the neighbourhood of the works. In the event of the

Railway requiring the maintenance of a special Police Force at or in the vicinity of the site during the tenure

of works, the expenses thereof shall be borne by the Contractor and if paid by the Railway shall be

recoverable from the Contractor.

59.(4) Sanitary Arrangements : The Contractor shall obey all sanitary rules and carry out all sanitary

measures that may from time to time be prescribed by the Railway Medical Authority and permit inspection

of all sanitary arrangements at all times by the Engineer, the Engineer's Representative or the Medical Staff

of the Railway. Should the Contractor fail to make the adequate sanitary arrangements, these will be

provided by the Railway and the cost therefore recovered from the Contractor.

59.(5) Outbreak Of Infectious Disease : The Contractor shall remove from his camp such labour and their

families as refuse protective inoculation and vaccination when called upon to do so by the Engineer or the

Engineer's Representative on the advice of the Railway, Medical Authority. Should Cholera, plague, or other

infectious disease break out, the Contractor shall burn the huts, beddings, clothes and other belongings of or

used by the infected parties and promptly erect new huts on healthy sites as required by the Engineer, failing

which within the time specified in the Engineer's requisition, the work may be done by the Railway and the

cost therefore recovered from the Contractor.

59.(6) Treatment Of Contractor's Staff In Railway Hospitals : The Contractor and his staff, other than

labourers and their families requiring medical aid from the Railway Hospital and dispensaries will be treated

as private patients and charged accordingly. The Contractors' labourers and their Families will be granted

free treatment in Railway Hospitals and dispensaries where no other Hospitals or dispensaries are available

provided the Contractor pays the cost of medicines, dressing and diet money according to the normal scale

and additional charges for special examinations such as pathological and bacteriological examination, X-

Ray, etc. and for surgical operation.

59.(7) Medical Facilities At Site : The Contractor shall provide medical facilities at the site as may be

prescribed by the Engineer on the advice of the Railway Medical Authority in relation to the strength of the

Contractor's resident staff and workmen.

59.(8) Use Of Intoxicants : The sale of ardent spirits or other intoxicating beverages upon the work or in

any of the buildings, encampments or tenements owned, occupied by or within the control of the Contractor

or any of his employees shall be forbidden and the Contractor shall exercise his influence and authority to

the utmost extent to secure strict compliance with this condition.

59.(9) Non-Employment Of Female Labour : The Contractor shall see that the employment of female

labour on/in Cantonment areas, particularly in the neighbourhood of soldiers barracks, should be avoided as

far as possible.




59.(10) Restrictions On The Employment Of Retired Engineers Of Railway Services Within ONE

Year Of Their Retirement : The Contractor shall not, if he is a retired Government Engineer of Gazetted

rank, himself engage in or employ or associate a retired Government Engineer of Gazetted rank, who has not

completed ONE year from the date of retirement, in connection with this contract in any manner whatsoever

without obtaining prior permission of the President and if the Contractor is found to have contravened this

provision it will constitute a breach of contract and administration will be entitled to terminate the contract at

the risk and cost of the contractor and forfeit his Security Deposit, Performance Guarantee and security

Deposit of that contract.

60.(1) Non-Employment Of Labourers Below The Age Of 15 : The Contractor shall not employ children

below the age of 15 as labourers directly or through petty contractors or sub-contractors for the execution of

work.

60.(2) Medical Certificate Of Fitness For Labour : It is agreed that the contractor shall not employ a

person above 15 and below 19 years of age for the purpose of execution of work under the contract unless a

medical certificate of fitness in the prescribed form (Proforma at Annexure-VIII) granted to him by a

certifying surgeon certifying that he is fit to work as an adult, is obtained and kept in the custody of the

contractor or a person nominated by him in this behalf and the person carries with him, while at work; a

token giving a reference to such certificate. It is further agreed that the responsibility for having the

adolescent examined medically at the time of appointment or periodically till he attains the age of 19 years

shall devolve entirely on the contractor and all the expenses to be incurred on this account shall be borne by

him and no fee shall be charged from the adolescent or his parent for such medical examination.

60.(3) Period Of Validity Of Medical Fitness Certificate : A certificate of fitness granted or renewed for

the above said purposes shall be valid only for a period of one year at a time. The certifying surgeon shall

revoke a certificate granted or renewed if in his opinion the holder of it is, no longer fit for work in the

capacity stated therein. Where a certifying surgeon refuses to grant or renew a certificate or revoke a

certificate, he shall, if so required by the person concerned, state his reasons in writing for doing so.

60.(4) Medical Re-Examination Of Labourer : Where any official appointed in this behalf by the Ministry

of Labour is of the opinion that any person employed in connection with the execution of any work under

this contract in the age group 15 to 19 years is without a certificate of fitness or is having a certificate of

fitness but no longer fit to work in the capacity stated in the certificate, he may serve on the Contractor, or on

the person nominated by him in this regard, a notice requiring that such persons shall be examined by a

certifying surgeon and such person shall not if the concerned official so directs, be employed or permitted to

do any work under this contract unless he has been medically examined and certified that he has been

granted a certificate of fitness or a fresh certificate of fitness, as the case may be.

EXPLANATIONS :

(1) Only Qualified Medical Practitioners can be appointed as "Certifying Surgeons" and the term

"Qualified Medical Practitioners" means a person holding a qualification granted by an authority

specified in the Schedule to the Indian Medical Degrees Act, 1916 (VII to 1916) or in the Schedule

to the Indian Medical Council Act, 1933 (XXVII) of 1933.

(2) The Certifying surgeon may be a medical officer in the service of State or Municipal Corporation.




DETERMINATION OF CONTRACT

61.(1) Right Of Railway To Determine The Contract : The Railway shall be entitled to determine and

terminate the contract at any time should, in the Railway's opinion, the cessation of work becomes necessary

owing to paucity of funds or from any other cause whatever, in which case the value of approved materials at

site and of work done to date by the Contractor will be paid for in full at the rate specified in the contract.

Notice in writing from the Railway of such determination and the reasons therefor shall be conclusive

evidence thereof.

61.(2) Payment On Determination Of Contract : Should the contract be determined under sub clause (1) of

this clause and the Contractor claims payment for expenditure incurred by him in the expectation of

completing the whole of the work, the Railways shall admit and consider such claims as are deemed

reasonable and are supported by vouchers to the satisfaction of the Engineer. The Railway's decision on the

necessity and propriety of such expenditure shall be final and conclusive.

61.(3) The Contractor shall have no claim to any payment of compensation or otherwise, howsoever on account of any profit

or advantage which he might have derived from the execution of the work in full but which he did not derive in consequence

of determination of contract.

62.(1) Determination Of Contract Owing To Default Of Contractor : If the Contractor should :

(i) Becomes bankrupt or insolvent, or

(ii) Make an arrangement with of assignment in favour of his creditors, or agree to carry out the

contract under a Committee of Inspection of his creditors, or

(iii) Being a Company or Corporation, go into liquidation (other than a voluntary liquidation for the

purposes of amalgamation or reconstruction), or

(iv) Have an execution levied on his goods or property on the works, or

(v) Assign the contract or any part thereof otherwise than as provided in Clause 7 of these Conditions,

or

(vi) Abandon the contract, or

(vii) Persistently disregard the instructions of the Engineer, or contravene any provision of the contract,

or

(viii) Fail to adhere to the agreed programme of work by a margin of 10% of the stipulated period, or

(ix) Fail to remove materials from the site or to pull down and replace work after receiving from the

Engineer notice to the effect that the said materials or works have been condemned or rejected

under Clause 25 and 27 of these Conditions, or




(x) Fail to take steps to employ competent or additional staff and labour as required under Clause 26 of

the Conditions, or

(xi) Fail to afford the Engineer or Engineer's representative proper facilities for inspecting the works or

any part thereof as required under Clause 28 of the Conditions, or

(xii) Promise, offer or give any bribe, commission, gift or advantage either himself or through his

partner, agent or servant to any officer or employee of the Railway or to any person on his or on

their behalf in relation to the execution of this or any other contract with this Railway.

(xiii) (A) At any time after the tender relating to the contract, has been signed and submitted by the

Contractor, being a partnership firm admit as one of its partners or employee under it or being

an incorporated company elect or nominate or allow to act as one of its directors or employee

under it in any capacity whatsoever any retired engineer of the gazetted rank or any other

retired gazetted officer working before his retirement, whether in the executive or

administrative capacity, or whether holding any pensionable post or not, in the Railways for

the time being owned and administered by the President of India before the expiry of ONE

year from the date of retirement from the said service of such Engineer or Officer unless such

Engineer or Officer has obtained permission from the President of India or any officer duly

authorized by him in this behalf to become a partner or a director or to take employment under

the contract as the case may be, or

(B) Fail to give at the time of submitting the said tender :

(a) The correct information as to the date of retirement of such retired engineer or retired

officer from the said service, or as to whether any such retired engineer or retired officer

was under the employment of the Contractor at the time of submitting the said tender, or

(b) The correct information as to such engineers or officers obtaining permission to

take employment under the Contractor, or

(c) Being a partnership firm, the correct information as to, whether any of its partners was

such a retired engineer or a retired officer, or

(d) Being in incorporated company, correct information as to whether any of its directors

was such a retired engineer or a retired officer, or

(e) Being such a retired engineer or retired officer suppress and not disclose at the time of

submitting the said tender the fact of his being such a retired engineer or a retired officer

or make at the time of submitting the said tender a wrong statement in relation to his

obtaining permission to take the contract or if the Contractor be a partnership firm or an

incorporated company to be a partner or director of such firm or company as the case

may be or to seek employment under the Contractor.




Then and in any of the said Clause, the Engineer on behalf of the Railway may serve the Contractor with a

notice (Proforma at Annexure-IX) in writing to that effect and if the Contractor does not within seven days

after the delivery to him of such notice proceed to make good his default in so far as the same is capable of

being made good and carry on the work or comply with such directions as aforesaid of the entire satisfaction

of the Engineer, the Railway shall be entitled after giving 48 hours’ notice (Proforma at Annexure-X) in

writing under the hand of the Engineer to rescind the contract as a whole or in part or parts (as may be

specified in such notice) and after expiry of 48 hours’ notice, a final termination notice (Proforma at

Annexure-XI) should be issued.

62.(2) Right Of Railway After Rescission Of Contract Owing To Default Of Contractor : In the event of

any or several of the courses, referred to in Sub-Clause (1) of this Clause, being adopted :

(a) The Contractor shall have no claim to compensation for any loss sustained by him by reason of his

having purchased or procured any materials or entered into any commitments or made any

advances on account of or with a view to the execution of the works or the performance of the

contract and Contractor shall not be entitled to recover or be paid any sum for any work thereto for

actually performed under the contract unless and until the Engineer shall have certified the

performance of such work and the value payable in respect thereof and the Contractor shall only be

entitled to be paid the value so certified.

(b) The Engineer or the Engineer's Representative shall be entitled to take possession of any materials,

tools, implements, machinery and buildings on the works or on the property on which these are

being or ought to have been executed, and to retain and employ the same in the further execution of

the works or any part thereof until the completion of the works without the Contractor being

entitled to any compensation for the use and employment thereof or for wear and tear or destruction

thereof.

(c) The Engineer shall as soon as may be practicable after removal of the Contractor fix and determine

ex-parte or by or after reference to the parties or after such investigation or enquiries as he may

consider fit to make or institute and shall certify what amount (if any) had at the time of rescission

of the contract been reasonably earned by or would reasonably accrue to the Contractor in respect

of the work then actually done by him under the contract and what was the value of any unused, or

partially used materials, any constructional plant and any temporary works upon the site. The

legitimate amount due to the contractor after making necessary deductions and certified by the

Engineer should be released expeditiously.

SETTLEMENT OF DISPUTES – INDIAN RAILWAY ARBITRATION RULES

63. Matters Finally Determined By The Railway : All disputes and differences of any kind whatsoever

arising out of or in connection with the contract, whether during the progress of the work or after its

completion and whether before or after the determination of the contract, shall be referred by the contractor

to the GM and the GM shall, within 120 days after receipt of the contractor’s representation, make and

notify decisions on all matters referred to by the




contractor in writing provided that matters for which provision has been made in Clauses 8, 18, 22(5), 39,

43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) to (xiii)(B) of Standard General Conditions of

Contract or in any Clause of the Special Conditions of the Contract shall be deemed as ‘excepted matters’

(matters not arbitrable)and decisions of the Railway authority, thereon shall be final and binding on the

contractor; provided further that ‘excepted matters’ shall stand specifically excluded from the purview of the

Arbitration Clause.

64.(1) Demand For Arbitration :

64.(1) (i) In the event of any dispute or difference between the parties hereto as to the construction or

operation of this contract, or the respective rights and liabilities of the parties on any matter in question,

dispute or difference on any account or as to the withholding by the Railway of any certificate to which the

contractor may claim to be entitled to, or if the Railway fails to make a decision within 120 days, then and in

any such case, but except in any of the “excepted matters” referred to in Clause 63 of these Conditions, the

contractor, after 120 days but within 180 days of his presenting his final claim on disputed matters shall

demand in writing that the dispute or difference be referred to arbitration.

64.(1) (ii) The demand for arbitration shall specify the matters which are in question, or subject of the

dispute or difference as also the amount of claim item-wise. Only such dispute(s)or difference(s) in respect

of which the demand has been made, together with counter claims or set off, given by the Railway, shall be

referred to arbitration and other matters shall not be included in the reference.

64.(1) (iii) (a) The Arbitration proceedings shall be assumed to have commenced from the day, a written

and valid demand for arbitration is received by the Railway.

(b) The claimant shall submit his claim stating the facts supporting the claims alongwith all

the relevant documents and the relief or remedy sought against each claim within a period

of 30 days from the date of appointment of the Arbitral Tribunal.

(c) The Railway shall submit its defence statement and counter claim(s), if any, within a

period of 60 days of receipt of copy of claims from Tribunal thereafter, unless otherwise

extension has been granted by Tribunal.

(d) Place of Arbitration : The place of arbitration would be within the geographical limits of

the Division of the Railway where the cause of action arose or the Headquarters of the

concerned Railway or any other place with the written consent of both the parties.




64.(1) (iv) No new claim shall be added during proceedings by either party. However, a party may amend

or supplement the original claim or defence thereof during the course of arbitration proceedings subject to

acceptance by Tribunal having due regard to the delay in making it.

64.(1) (v) If the contractor(s) does/do not prefer his/their specific and final claims in writing, within a

period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment,

he/they will be deemed to have waived his/their claim(s) and the Railway shall be discharged and released of

all liabilities under the contract in respect of these claims.

64.(2) Obligation During Pendency Of Arbitration : Work under the contract shall, unless otherwise

directed by the Engineer, continue during the arbitration proceedings, and no payment due or payable by the

Railway shall be withheld on account of such proceedings, provided, however, it shall be open for Arbitral

Tribunal to consider and decide whether or not such work should continue during arbitration proceedings.

64.(3) Appointment of Arbitrator :

64.(3) (a)(i) In cases where the total value of all claims in question added together does not exceed Rs.

25,00,000 (Rupees twenty five lakh only), the Arbitral Tribunal shall consist of a Sole Arbitrator who shall

be a Gazetted Officer of Railway not below JA Grade, nominated by the General Manager. The sole

arbitrator shall be appointed within 60 days from the day when a written and valid demand for arbitration is

received by GM.

{Authority : Railway Board’s letter no. 2012/CE-I/CT/ARB./24, Dated 22.10./05.11.2013}

64.(3) (a)(ii) In cases not covered by the Clause 64(3)(a)(i), the Arbitral Tribunal shall consist of a Panel

of three Gazetted Railway Officers not below JA Grade or 2 Railway Gazetted Officers not below JA Grade

and a retired Railway Officer, retired not below the rank of SAG Officer, as the arbitrators. For this purpose,

the Railway will send a panel of more than 3 names of Gazetted Railway Officers of one or more

departments of the Railway which may also include the name(s) of retired Railway Officer(s) empanelled to

work as Railway Arbitrator to the contractor within 60 days from the day when a written and valid demand

for arbitration is received by the GM.

Contractor will be asked to suggest to General Manager at least 2 names out of the panel for

appointment as contractor’s nominee within 30 days from the date of dispatch of the request by Railway. The

General Manager shall appoint at least one out of them as the contractor’s nominee and will, also

simultaneously appoint the balance number of arbitrators either from the panel or from outside the panel,

duly indicating the ‘presiding arbitrator’ from amongst the 3 arbitrators so appointed. GM shall complete this

exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the names of contractor’s

nominees. While nominating the arbitrators, it will be necessary to ensure that one of them is from the

Accounts Department. An officer of Selection Grade of the Accounts Department shall be considered of

equal status to the officers in SA grade of other departments of the Railway for the purpose of appointment

of arbitrator.

64.(3) (a)(iii) If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws

from his office as arbitrator, or vacates his/their office/offices or is/are unable or unwilling to perform his

functions as arbitrator for any reason whatsoever or dies or in the opinion of the General Manager fails to act

without undue delay, the General Manager shall appoint new arbitrator/arbitrators to act in his/their place in

the same manner in which the earlier arbitrator/arbitrators had been appointed. Such re-constituted Tribunal

may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator

(s).




64.(3) (a)(iv) The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or

otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto to do or

cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award

without any delay. The Arbitral Tribunal should record day to-day proceedings. The proceedings shall

normally be conducted on the basis of documents and written statements.

64.(3) (a)(v) While appointing arbitrator(s) under Sub-Clause (i), (ii) & (iii) above, due care shall be

taken that he/they is/are not the one/those who had an opportunity to deal with the matters to which the

contract relates or who in the course of his/their duties as Railway servant(s) expressed views on all or any of

the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such

Tribunal will, however, not be invalid merely for the reason that one or more arbitrator had, in the course of

his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their

duties expressed views on all or any of the matters under dispute.

64.(3) (b)(i) The arbitral award shall state item wise, the sum and reasons upon which it is based. The

analysis and reasons shall be detailed enough so that the award could be inferred therefrom.

64.(3) (b)(ii) A party may apply for corrections of any computational errors, any typographical or clerical

errors or any other error of similar nature occurring in the award of a Tribunal and interpretation of a specific

point of award to Tribunal within 60 days of receipt of the award.

64.(3) (b)(iii) A party may apply to Tribunal within 60 days of receipt of award to make an additional

award as to claims presented in the arbitral proceedings but omitted from the arbitral award.

64.(4) In case of the Tribunal, comprising of three Members, any ruling on award shall be made by a

majority of Members of Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator

shall prevail.

64.(5) Where the arbitral award is for the payment of money, no interest shall be payable on whole or any

part of the money for any period till the date on which the award is made.

64.(6) The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include fee

of the arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee shall be borne

equally by both the parties. Further, the fee payable to the arbitrator(s) would be governed by the instructions

issued on the subject by Railway Board from time to time irrespective of the fact whether the arbitrator(s)

is/are appointed by the Railway Administration or by the court of law unless specifically directed by Hon’ble

court otherwise on the matter.

64.(7) Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules

thereunder and any statutory modifications thereof shall apply to the arbitration proceedings under this

Clause.




JOINT VENTURE (JV) FIRMS IN WORKS TENDERS

65. “Joint Venture Firms” shall be applicable to the works tenders of value more than Rs. 10

Crore (Rupees ten crore only) as per Railway Board’s letter No. 2002/CE-I/CT/37 JV Pt.

VIII dtd. 14.12.2012 & HQ’s Office letter No. W/374/0/1/Policy/ Vol.I dtd. 28.12.2012 .




Other General Conditions-

i) In case cement is supplied by Railway, the cost of empty cement bags will be recovered from contractor

as per the rates given below. However railway reserves the right to take back the empty bag which are in

good condition.

Paper Bag- Nil

Jute Bag – Rs. 3/- per Bag

Polythine Bag- Rs. 2.50/- per Bag.

If the cement/steel is supplied by the railways on cost or without cost, which is to be recovered than it will

be as per approved drawing or as per specifications. Cement/steel issued more than required as mentioned

above shall be returned back in good condition after completion of work or assessment. In case contractor

fails to return such excess issued material than cost ( @ the rate on the date of last issue)X2 + plus 5%

freight charges will be recovered from contractor. This dose not dissolve Railway’s authority in respect of

ensuring quality of work or contractor’s responsibility to complete the work as per specification and as per

drawing of work.

If it is found that cement or steel is used less then specification than recovery will be made as per above.

ii) In tenders, providing for “Purchase Preference” in favour of of PSU, if the quoted rates of L-I are

considered high and negotiations are resorted to , such negotiations may be held with the original L-1

as also the lowest PSU whose original offer is not higher by more than 10% of the original L-1, offer of

PSU may not be considered for award of contract. If it is less than 10% the existing procedure for

awarding the contract to the PSU may be followed.

(Railway Board’s letter no. 94/CE-1/CT/4 dated 17.10.2002)

iii) The contractor(s) shall satisfactorily maintain the work(s) completed by him/them for the

following periods commencing from the date of completion certificate-

Description of Work Period of Maintenance

(a) Earth work, supply of materials, hiring

of vehicle, water supply, transportation,

AMC and housekeeping contract.

Nil

(b) Repair and maintenance work including

Zonal work

3 Months.

(c) New work except earth work 6 Months.




Zone Tender

46 Currency of Zone work contract for two years period. (01.07.2014

to30.06.2016) (As per DyCE/Works For PCE/NWR No HQ/W/Zonal

/tender/currency/Works dated 28.04.14.)

(1) Price variation clause shall not be applicable in zonal contracts.

(ii) The specific value of tender for the first year and second year are invariably

stated in the tender notice and tender schedule. The first year variation should

not exceed 25% of contract value for the first year.

(iii)

(iv)

The tenderer should quote separate rates for each year in the rate sheet in

following manners.

Cost of each zone work order will be Rs. 2.00 Lacs(Maximum)

Year Rate in words % Rate in figure %

2014-2015

2015-2016




I. Compendium of instructions on Safety at work sites

As per Dy CE (Track) JP No T/5/18/20/W/SAWS Date 01.04.14

Measures to be ensured prior to start the work

1- The contractor shall not start any work without the presence of railway supervisors at site. 2- The methodology in detail for execution of the work at site shall be approved by engineering in

charge of the organization executing the work and copies of the same shall be available with contractor’s supervisor, railway supervisor, SSE/Pway/SSE (Works)/ADEN/DEN/Sr. DEN of the section in whose jurisdiction the work falls.

3- before permitting the execution of certain works like earthwork in formation, bridge work, supply of ballast, transportation of rails, sleepers and other material, track linking, platform/any other civil work close to the running track etc. for new/existing rail lines, gauge conversion, doubling, traffic facility work, ROB/RUB open lines engineer-in-charge (ADEN/DEN/Sr. DEN) of the section shall ensure that he receives the prior intimation /confirmation of the following aspects from Assistant Engineer/Assistant officer incharge of the work of the executing agency i.e. construction, S & T, Electrical, Mechanical, Rail Tel, RVNL etc. a. name and address of the contract assigned to execute the work b. name of the contractor’s supervisor c. Name of the supervisor/assistant engineer/assistant officer of the construction

organization/other organizations who are going to be site incharge/incharges of work site. d. list of the number (s) of individual vehicle (s) /machineries, names and license particulars of the

driver (s) proposed to be used by contractor. e. Information regarding location, duration and timings during which the vehicles/machinery are

planned to be plied/worked. f. the supervisors and operators of the contractor proposed to be deployed at work site, which is

close to the running track, shall be imparted training by the railway trainer at contractor own cost about the safety measures to be adopted while working in the vicinity of running track. Further competency certificate to the individual supervisors/operator shall be issued as in annexure-I by a railway officer not below the rank of assistant level officer who is In charge of site. No supervisor/operator of the contractor shall work or allowed to work in the vicinity of running track that is not in possession of valid competency certificate.




g. Survey of site by supervisor of contractor and railways to assess the precautions to be taken at site for working of trains and materials required for protection.

h. Written advice to sectional ADEN/SE (Pway) and SE (Works) about the detailed planning of work including protection of track and safety measures proposed to be adopted.

i. A copy of the approved methodology (to be approved by engineer in charge) proposed to be adapted by the contractor with a view to ensure safety of trains, passengers and workers.

j. Assurance that the methods and arrangements are actually available at site before start of the work and the contractor’s supervisors and the workers have clearly understood the safety aspects and requirement to be adapted/followed while executing the work.

k. An assurance register has been kept at site duly signed by both railway supervisor as well as by the contractor supervisor as a token of their having understood the safety precautions to be observed at site. 4. information as indicated in item 3 (a) to 3 (k) shall be obtained from contractor prior to the start

of the work and the methodology proposed to be adapted by the contractor with a view to ensure

safety of trains, passengers and workers and shall be approved by sectional DEN/Sr. DEN if the work

is directly supervised by open line.

5 no work shall which is to be done near running track shall commence unless permitted by sectional ADEN/DEN/Sr. DEN

6 Before the start of work, the land strip adjacent to running track where road vehicle/machinery is to ply/work (for the work) shall be demarcated by lime in advance at the appropriate distance from the centre of existing track in consultation with railway supervisor. Wooden pegs at interval not exceeding 75 m shall be provided along the line marking as permanent marks. The road vehicles shall ply or machinery shall work so as not to infringe the line of demarcation. sketches showing the location of marking are given in annexure II A

7 Barricading as per the design given in annexure III-B shall be provided in full length of work area along the track wherever justified and feasible as per site conditions.

8 Precaution shall be taken form safety of pubic or passengers, while executing works atlocations, used by passengers and public. The worksite shall be suitably demarcated to keep public and passengers away from work area. Necessary signage boards such “work in progress”. inconveninance is regretted”. etc. shall be provided at appropriate locations to warn the public/passengers. the barricading with retro reflective strips should be provided around the worksites to make the worksites visible to passersby during night hours. Adequate lighting arrangement of worksite wherever required shall be done to ensure safety of public/passengers during night. 9- Execution of works closed to or on running line : (i) Any work close to or on running tracks shall be executed under the presence of a railway’s

supervisor only.




Precaution to be taken to ensure safety of trains while execution of work close to the running line

or on running lines.

(a) Such works shall be planned and necessary drawing particularly with regard to infringement to moving dimension shall be finalized duly approved by competent authority before execution of work. The work shall be executed only as per approved procedure and drawings.

(b) All temporary arrangements required to be made during execution of work shall be made in

such a manner that moving dimension do not infringe.

(c) Suitable speed restriction shall be imposed or traffic block shall be ensured as required. (d) The she shall be protected as per provisions of Para no. 806 and 807 of p. way manual as case

may be. (e) Necessary equipment for safety of trains during emergency shall be kept ready at site.

10- Normally, the road vehicle shall be run or machinery shall be worked so as not to come closer than 6.0 m from centre line of nearest track.

11- If a road vehicle or machinery is to work closer to .6.0 m due to site conditions or requirement of work,

following precautions shall be observed.

(a) In no case the road vehicle shall run or machinery shall work at distance less than 3.5 m from centre line of track.

(b) Demarcation of land shall be done by bright colored ribbon/nylon chord suspended on 120 cm high wooden/bamboo posts as distance of 3.5 m from centre line of nearest running track. sensors with horn shall be provided as per sketch (annex-ii)

(c) Presence of an authorized railway’s representative shall be ensued before plying of vehicle or working of machinery.

(d) Railway’s supervisor shall issue suitable caution order to drivers of approaching train about road vehicles plying r machineries working close to running tracks. the train drivers shall be advised to whistle freely to warn about the approaching train. whistle boards shall be provided wherever considered necessary.

(e) Lookout men shall be posted along the track at a distance of 800 m from such locations that will carry red flag and whistles on both sides of affected portion of track to warn the road vehicle/machinery users about the approaching train.

(f) On curves where visibility is poor, additional lookout men shall be posted.

12- in case, work is planned to be done within 3.5 m of centre line of running track, it shall be ensured that the

work is done under block protection only and necessary safety precautions for protection to track as per

para no. 806 and 807 of IRPWM are taken.

13- Precaution to be taken while reversing road vehicle alongside the track.




the location where vehicle will take a turn shall be demarcated duly approved by railway’s

representative. The road vehicle driver shall always face the railway track during the course of

turning/reversing his vehicle. Presence of an authorized railway representative shall be ensured such

location.

14- Road vehicle shall not be allowed to run along the track during night hours generally. in unavoidable

situations, however vehicles shall be allowed to work during night hours only in the presence of an

authorized railway’s representative and when adequate lighting arrangement are made and where

adequate precautions as mentioned earlier have been ensured.

15- Check list given in annexure v shall be used to ensure that all the requisite measures have been taken

before start of the work.

II Measures to be ensured during the execution of the work.

1- contractor has deputed trained supervisors in required number at worksites duly certified by ADEN/in charge of the works

2- Drivers of vehicles/operators of the machines have been briefed about the safety and precautions to be taken while moving /working close to traffic.

3- Contractor shall ply road vehicles /working of machinery only between sunset and sunrise. In case of emergency where it is necessary to work during night hours sufficient lighting shall be ensured in the complete work area for the safety of public and passengers. also additional staff shall be posted as necessary for night working and taking safety precautions.

4- The contractor shall not change the approved vehicle /machinery and driver /operator for working at site. Contractor shall not induct any new vehicle/machinery and driver/operator without prior written approval of assistant engineer/assistant officer and the list of such changes with numbers of individual vehicle, name and license particulars of the driver shall be given to ADEN/DEN/Sr. DEN of the section.

5- Contractor shall ensure that road vehicle/machinery ply/work in a way so that these do not infringe the line of demonstration.

6- Lookout men with required safety equipment shall be posted where necessary. 7- In unusual circumstances, where operator apprehends danger to track while working

truck/machinery near running track, following action shall be taken. (a) the contractor/supervisor/vehicle operator immediately advice the situation to railway

official/officials of the organization executing the work and assist him/them in protecting the track.

(b) Protection shall be done as done for other emergencies.




8- Individual vehicle/machinery shall not be left unattended at site of work. if it is unavoidable and becomes necessary to table the road vehicle/machinery at site near the running track, these shall be properly secured against any possible roll off and always be manned even during non-working hours. in addition, the road vehicle /machinery should be stabled parallel to track only so that incase of failure of any securing arrangement, it may not roll towards the track.

9- All temporary arrangements required to be made during execution of work shall be made in such a manner that moving dimension do not infringe. Necessary checks shall be exercised by site incharge from time to time.

10- While inspecting the worksite check list given in annexure vi shall be used to ensure that all the requisite measures have been taken during the execution of the work.

11- During the hours of night, lamps of temporary indicators which are not of reflective type should be lit at sun-set and kept burning till sun rise, where trains run at night.

III Precautions required to be taken during execution of work requiring traffic ‘

Blocks. any work, which infringes the moving dimensions or causes discontinuity in the track/any

activity making the existing track unsafe for passage of trains etc, shall be started only after the traffic

blocks has been imposed, railway servant incharge of the work is present at the worksite, engineering

signals are exhibited at specified distance and flagmen are posted with necessary equipment to man

them etc.

1- Before closing the work, the track shall be left with the proper track geometry so that the trains run safely and flagmen are kept in the night with safety and track protection equipment to patrol the stretch and take action to protect the track, if so warranted and inform the railway supervisors.

2- After completion of work, the released sleepers and fittings should be properly stacked away from the track, and should be kept clear of moving dimensions.

3- Block shall be removed only when all the temporary arrangement, machineries, tools, plants etc have been kept clear of moving dimensions.

IV Protection of track during emergency.

(A) Action to be taken when a contractor’s supervisor or vehicle operator apprehends any unusual circumstances likely to infringe the track and endanger safe running of trains. at any time if a contractor’s supervisor or vehicle operator observes any unusual circumstances

likely to infringe the track and apprehend danger to safe running of track, he shall take immediate

steps to advise railway officials of such danger and assist him in protection f track.




The track shall be protected as under.

whenever in consequences of an obstruction of a line or for any other reason it is necessary for a

railway servant to stop approaching train he shall plant a danger signal at the spot and proceed with

all haste in the direction of an approaching train with a danger signal (red flag by day and red light

by night) to a point 600 meters for broad gauge and 400 metres for metre gauge and narrow gauge

from the obstruction and place one detonator on the line after which he shall proceed further for

not less than 1200 meters for broad gauge and 800 meters for meter gauge and narrow gauge from

the obstruction and place three detonators on line 10 meters apart. he should then take a sand at a

place not less than 45 meters from where he can obtain a good view of an approaching traing and

continue to exhibit the danger signal (an shown in annexure -IV), until recalled, if recalled, he shall

leave on the line three detonator and on his way back pick up the intermediate detonator

continuing to show the danger signal. in case of single line similar protection shall be done on

opposite direction.

(B) Action to be taken if train is seen approaching to site of danger and there is no time to protect the track as per guidelines mentioned above - in such a case the detonators shall be planted on rails immediately at distance away from place of

danger as far as possible and attention of driver of approaching train shall be invited by whistling,

warning the red flag vigorously gesticulating and shouting.

(C) Action to be taken if more than one track is obstructed – (a) In case of single line protection as above shall be done in both the directions from place of

danger. (b) In case of double line or multiple lines, if other tracks are also obstructed, the protection as

above shall be done for other track also. (c) The protection shall be done in that direction and on that track first on which train is likely to

arrive first. (d) The contractor’s supervisors, operators and lookout men shall be properly explained about the

direction of trains on running tracks. (D) Equipment required for protection of track – minimum compliment of protection equipment i.e. 10

detonator, 4 red hand flags, 04 red hand lamp, 04 banner flag and whistle etc. shall always be kept ready at worksites for use in case of emergency. Railway will arrange to provide detonator, whereas contractors shall arrange other equipment at his own cost.




.

(V) General Instructions

1. Provision of Para 826 of IRPWM are reproduced in Annexure I.

2. In case of workds involoving joint work: of open line and construction department, the duties and

responsibilities should be clearly brought out in advance duly signed by both the departments. It is

preferable that the work is done by a single department in whose jurisdiction the major worksite falls.

Wherever it is not feasible, responsibilities and the duties of each agency should be clearly outlined in

advance and detailed MOU should be prepared and signed by both the agencies.

3. Caution order should be issued to all the trains passing through the work sites at least during working

hours for the drivers to look out, with or without any speed restrictions as per the site requirement

4. It should be ensured that, no new OFC or quad cable be laid close to the existing tracks. It shall be

laid close to the railway boundary to the extent possible to avoid any interference with the future

works (doubling etc.). Route plan of S & T cable and electrical cable should be prepared by the

concerned S & T and electrical officers

Respectively and got approved before undertaking the work. The completion cable route plan should

be finalized Block Section by Block section, as soon as the work is completed.

5. Open line staff and Engineers shall keep a watch on the safety precautions being taken at the work

site and should immediately stop the work, if any unsafe working is noticed, and the work should be

started again after taking all the corrective measures.

6. Night working should be avoided as far a possible. If due to any emergency, night working is done

then proper lighting arrangement should be made.

7. Availability of first aid box should be ensured at each worksite. At major work sites involving no of

labour and heavy machineriesm, efforts should be made to make available medical assistance at the

site itself during working.

8. during machine working or execution of work involving heavy machines,

Protection man should be deployed in either side to warm the staff about the arrival of train,

especially in double line.

9. No work shall be commenced on worksite during foggy weather or during restricted visibility. If in

unavoidable situation , the work is to be carried out then additional lookout man, as per the site

requirement, should be posted.

10. While digging in station area, if any cable is found, digging should be stopped and concerned

signaling/electrical staff should be informed immediately.

11. Mobile phones or Walkie-Talkie sets where necessary should be provided at works sites. However all

the staff should be counseled not to used above devices while standing on or near the track.




VI) Joint procedure order for undertaking digging work in the vicinity of underground Signaling,

Electrical and Telecommunication cable on 17/2013 is reproduced as Annexure –VII.

(VII) Precaution for handling of departmental material trains.

Instructions for working of material trains are contained in Chapter XII of IRPWM which should be

brought to the notice of the supervisors and other staff working on the material trains.

a) Issue of ‘fit to run’ certificate.

As per Para 1207 before a material trains is allowed to work, the complete rake should be examined

by the Carriage and Wagon staff and a ‘fit to run’ certificate issued to the Guard.

b) As per Para 1208 of IRPWM, a qualified Engineering official should be deputed on the train to

ensure working of the material train as the Guard is not qualified to carry out such duties like

Supervising of loading and unloading of materials.

c) As per para 1204 of IRPWM, the material train should not be permitted to work during the period of

poor visibility due to fog, storm or any other cause except with the permission of the ADEN/DEN.

Working of the material trains carrying labour should not be permitted between sunset and sunrise

except in an emergency.

d) While unloading rail panels by the side of the running tracks, placement of the panels, clear of the

maximum moving demensions should be ensured.

e) Unloading of rail panels should be done by a team of trained staff under the active supervision of

competent Supervisor/ Officer.

f) Before unloading of rail panels, site should be prepared by way of leveling/removing extra ballast, if

any, from the crib and shoulder with the objective to ensure requisite lateral and vertical clearances so

as to prevent slippage of rail panels due to vibration during the passage of trains.

g) Reasonably adequate block should be asked and provided for unloading of the material and the work

should be done preferably in day light to avoid shortcut in haste which may infringe the safety

requirements.

(VIII) Stacking of material along railway track.

1. The sites for material stacking shall be selected in adavance ensuring that no part of the stacked

material would infringe the standard moving dimensions. A plan of proposed stacking locations be

made and signed jointly by an authorized Railway’s representative and contractor’s representative.

2. The selected locations shall be marked by lime in advance.

3. Presence of an authorized railway’s representative while unloading and stacking shall be ensured.

4. The material shall be stacked up to such a height, which will not cause infringement to SOD in case

of accidental roll off.

Note : For items of barricading, sign boards like ‘work in progress’, walkie-talkie sets, mobile

phones, lookout men etc suitable provision may be incorporated in the tender conditions as per site

requirement.




(IX) Safety aspects to be observed while working in OHE area

a) No electrical work close to running track shall be carried out without permission of railway

representative.

b) A minimum distance of 2m has to be maintained between live OHE wire and body part of

worker or tools or metallic supports etc. c) No electric connection etc. can be tapped from OHE.

d) Authorized OHE staff should invariably be present when the relaying work or any major work is

carried out.

e) Power block is correctly taken and ‘permit to work’is issued.

f) The Structure bonds, tracks bonds, cross bonds, longitudinal rail bonds are not disturbed and

g) If disconnected for the work, they are reconnected properly when the work is completed.

h) The track level is not raised beyond the permissible limit during the work.

Note: For items of barricading, Sign Boards like- “ Work in Progress”, walkie-

talkie sets, mobile phones, look out man etc. , suitable provision may be incorporated in the tender

conditions as per site requirements.

Para 826 Of IRPWM

826 Safe working of contractors- A large number of men and machinery are deployed by the

contractors for track renewals, gauge conversions, doublings, bridge rebuilding etc. It is therefore essential

that adequate safety measures are taken for safety of the trains as well as the work force.

The following measures should invariably be adopted :

(i) The contractor shall not start any work without the presence of railway supervisor or his

representative and contractors supervisor at site.

(ii) Wherever the road vehicles and / or machinery are required to work in the close vicinity of railway

line, the work shall be so carried out that there is no infringement to the Railway’s schedule of

dimensions. For this purpose, the area where road vehicles, and/or machinery are required to ply,

shall be demarcated and acknowledged by the contractor. Special care shall be taken for turning /

reversal of road vehicles/ machinery without infringing the running track. Barricading shall be

provided wherever justified and feasible as per site conditions.

(iii)The look out and whistle caution order be issued to the trains and speed restrictions imposed where

considered necessary. Suitable flagmen/detonators shall be provided where necessary for

protection of trains.

(iv) The supervisor/workmen should be counseled about safety measures. A competency certificate to the

contractor’s supervisor as per Performa annexed shall be issued by AEN, which will be valid only

for the work for which it has been issued.

(v) The unloaded ballast/rails/sleepers/ other P-way materials after unloading along track should be kept

clear off moving dimensions and stacked as per the specified heights and distance from the

running track.

(vi) Supplementary site specific instructions, wherever considered necessary shall be issued by the

Engineer in Charge.




The Engineers in –charge shall approve the methodology proposed to be adopted by the contractor, with

a view to ensure safety of trains, passengers and workers and he shall also ensure that the methods and

arrangements are actually available at site before start of the work and the contractor’s supervisors and

the workers have clearly understood the safety aspects and requirements to be adopted/ followed while

executing the work. There shall be an assurance register kept at each site, which will have to be signed by

both, i.e. Railway supervisor or his representative as well as the contractor’s supervisor as a token of

their having understood the safety precautions to be observed at sites.

Annexure -IA

COMPETENCY CERTIFICATE

Certified that Shri______________________________________ P.way Supervisor of M/s

_______________________________________________ has been examined regarding P.way working

on _____________________ work. His knowledge has been found satisfactory and he is capable of

supervising the work safely.

Assistant Engineer







Annexure –V

CHECK LIST

(Before starting the work)

Name of work:_____________________Loaction:___________________

Duration of work : From______________________To________________

S.No. Yes No.

1. Contractor’s supervisor identified/selected. Who is going to be site in

charge?

2. Training imparted to contractor’s supervisor &Certificate issued.

3. Work site inspected by Construciton’s Supervisor/other department’s

supervisors along with contractor’s supervisor.

4. Precautions to be taken at site of work have been identified and listed.

5- Plan of work drawn out by contractor’s supervisor in consultation with

Railway’s Supervisor.

6. Plan of work, brought to the knowledge of Engineers/ Supervisiors/

Incharge of section AEN/LOW & PWI.

7. Before start of work, proper line marking/Barricading done at site of

work.

8. Men deputed for protection of track along with safety equipments.

9. Caution order issued for the train drivers in case work is being done

within 6 mts. Of center of running track

10. Drivers of vehicles/ machinery being used have been identified.

11. Driver of vehicles/machinery briefed about the safe working.

12. Sufficient lighting provided at site of work for night working

13. Infringements checked.

14. Sectional (open line) Engineers & Superpvisors have satisfied

themselves regarding safety arrangements.

15. Availability of Walkie-Talkie sets for communications.

16. Whether approved cable route plan is available.




Annexure-VI

CHECK LIST (While Work is in progress)

Name of Work :__________________________________________________

Location :______________________________________________________

Duration of Work : From _______________ To _______________

Date of Inspection:_______________________________________________

S.No. Yes No.

1. Does the Railway’s & contractor’s supervisior have the certificate?

2. Does the knowledge of contractor’s supervisor on safety of track &

work site is upto the mark.

3. Is Railway’s supervisior of Const. Otganisation/ Other department’s

available at site ?

4. Is knowledge of Railway’s supervisor O.K.

5. Is lime marking/ Barricading dene?

6. Is adequate safety precautions taken at site of work

7. Is communication facility ( Walkie- Talkie sets) available at site.

8. Are only identified drivers driving the vehicles/ machinery?

9. Is whole work site safe for working of men/ vehicles & trains?

10. Are adequate lighting arrangements done at site ?

11. Are adequate protection equipment available of site.

12. It caution order to trains being issued ?

13. Are train drivers following the enforced temporary speed restriction ?

14. Has work permit been taken for working in Electrified territory/station

yards ( Points & Crossing areas)

15. Whetger, work is being done as per approved cable route plan.




NORTH WESTERN RAILWAY

Tender No. : W/JP/2015-16/117

Name of work: ADEN AWR Sub Division –Various P. way & others works for maintenance

of track in the section of SSE (PW) AWR

RATE SHEET I/we hereby agree and abide to do the work for Sch- A (USSOR-2010 Item) & Sch- B (NS Item)as below:-

S.

No

Schedule Description Total Amount

(Rs)

Rate to be quoted by the tenderer both.

in fig in words

1 2

3 4 5 6

1. Schedule -A'

(USSOR item)

1977915.48

2 Schedule -B'

(NS item)

1278593.60

Note:-

1. Please Quote a Single % above /below/At Par in above rate sheet on the total Amount as indicated in

column no. 4 as mentioned in Rate Sheet of tender schedule for Sch. 'A' (USSR-2010 Item) Sch. 'B'

(NS Item)

2. Rates are to be quoted schedule wise only no separate % rate to be quoted for individual.

3. The rates are to be quoted in figure & words.

Signature of tenderer/s Divl. Rly. Manager (WA)/Jaipur

For & on the behalf of President of Union of India.



TENDER SCHEDULE

Tender No. :

JP/2015-2016117

Name of work: ADEN AWR Sub Division –Various P. way & others works for maintenance of

track in the section of SSE (PW) AWR

Schedule –A S.

No.

SOR

No.

Description of work Unit Rate Qty. Amount

1. 2. 3. 4. 5. 6. .……

1 011010 Earth work in excavation as per approved drawings and

dumping at embankment site or spoil heap, within railway

land, including 50m lead and 1.5m lift, the lead to be

measured from the centre of gravity of excavation to centre

of gravity of spoil heap: the lift to be measured from natural

ground level and paid for in layers of 1.5m each, including

incidental work, as per specifications-in

011011 All kinds of soils Cum 95.85 150.00 14377.50

2 013120 Earthwork in filling in embankment, guide bunds, around

buried type abutments, bridge gaps, trolley refuges, rain

bunds if provided, platforms etc. with earth excavated from

outside railway boundary entirely arranged by the

contractor at his own cost as per RDSO's latest guidelines

and specifications and special condition of contract

including all leads, royalty, lifts, ascents, descents, crossing

of nallahs or any other obstructions. The rates shall include

all dressing of bank to final profile, demarcation and setting

out of profile, site clearance, removing of shrubs, roots of

vegetations growth, heavy grass, benching of existing slope

of old bank, all handling/re-handling. taxes, octroi and

royalty etc. as a complete job. Cut trees shall be property of

railways and to be deposited in the railway godown unless

specified otherwise in the Special conditions of contract

Cum 114.25 200.00 22850.00

3. 014090 Earth work in embankment from Railway land for repairing

of cess/formation/level crossing, rain cuts etc. to make the

surface to the desired level and slope to the entire

satisfaction of Engineer-in-charge. The rate will include

free lead upto 200 M, all lifts, descends, ascends, crossing

of track/road/nallah etc. including breaking of clods etc and

compaction by rollers/rammers/temping rods etc. Note -

This item is only to be paid when specially ordered in

writing.

Cum 83.09 2500.00 207725.00

4 021510 Hiring of JCB Machine (in good working condition) for

leveling and dressing ground / dismantling structures

including disposal of debris through dumpers etc. with

contractor’s labour, JCB machine, machine operator, fuel,

etc. The contractor shall arrange road permit for vehicle for

all the States of operation, as per instructions of engineer

in-charge and vehicle shall not be more than three years

old. Payment shall be made for actual working hours at site.

Hour 742.27 150.00 111340.50

5 031010 Providing and laying in position cement concrete of

specified proportion excluding cost of cement, centering

and shuttering - All works upto Plinth level :




S.

No.

SOR

No.


1. 2. 3. 4. 5. 6. .……

031012 1:3:6 (1 cement : 3 sand : 6 graded stone aggregate 40mm

nominal size)

Cum 1445.87 35.00 50605.45

6 033060 Supply and using cement at worksite :

033063 PPC Tonne 4830.00 8.00 38640.00

7 081030 Structural steel work welded in built up sections, trusses

and framed work, girders, stagings, racks, etc including

cutting, bending, straightening, hoisting, fixing in position,

including applying a priming coat of approved steel primer,

complete - upto 6m height above GL

Note for Item 081030 : Purlins and wind bracings shall be

paid separately under item 81010.

Note for Items 081011, 081021 & 081022 : These rates are

not to be paid for iron work with rails, which should be paid

under each item separately.

081031 In RSJ, tees, angles and channels Kg 70.41 4000.00 281640.00

081032 In flats, plates , round or square bars Kg 68.79 4500.00 309555.00

8 121050 Painting with synthetic enamel paint of approved brand and

manufacture to give an even shade

121051 Two or more coats on new work Sqm 46.65 1800.0

0

83970.00

121052 One or more coats on old work Sqm 30.21 600.00 18126.00

9 121250 Lettering with “Synthetic Enamel” paint (two coats) of

approved brand and manufacture

Each of

1 cm

height

1.47 1000.0

0

1470.00

10 121270 Relettering with “Synthetic Enamel” paint (one coat) Each of

1 cm

height

1.19 2000.0

0

2380.00

11 123110 Painting and lettering gradient posts, km posts, curve plates,

boundary pillars/marks etc two coats (both sides) along the

railway tracks

Each 103.37 3650.0

0

377300.50

12 183060 Dismantling including stacking of serviceable material and

disposal of unserviceable material within 50m lead

183062 Bituminous top layer of road Sqm 87.88 300.00 26364.00

13 234020 4cm thick bitumastic sheet with hot bitumen of approved

quality using stone chippings (60% 12.5mm nominal size

and 40% 10mm nominal size) 2.60Metre and coarse sand

2.60Metre of road surface and with 478kg bitumen per

100sqm of road surface over a tack coat including

consolidation with road roller of 8 to 10tonne etc. complete

(tack coat to be paid separately)

234021 With paving bitumen 80/ 100 heated and then mixed with

solvent at the rate of 70grams per kg. of asphalt

Sqm 244.20 300.00 73260.00

14 014010 Dressing Surface (average excavation or filling upto 15 cm)

including removing vegetation in all kind of soil. Payment

against this item is to be made only if it is not included in

earth work item

10 Sqm 64.20 5000.00 32100.00

Total USSOR 1651703.95

Add 19.75% above 1651703.9

5

19.75% 326211.53

Total Amount of Schedule -'A' 1977915.48




Schedule -B

S.

No

.

SOR

No.


1. 2. 3. 4. 5. 6. .……

15 NS-1 Casual renewal of 60kg/52kg/90R 11 to 13 mtr. Scattered

rails, xings tongue rail including joints and other packing

of distributed sleepers in track by using contractor’s T&Ps,

leading and stacking of released material at site shall be

made available near site of work. Protection of track will

be done by contractor’s staff. The work shall be carried

out as per IRPWM (corrected up to date) and CE circulars

issued from time to time. Nothing extra will be paid to

whatsoever the case may be. Item should be operated with

prior approval of ADEN

Each 960.83 150 144124.50

16 NS-2 Removal of muck/Malba and garbage, which includes

waste material, animal carcass, cow dung, leaks, building

debris, muck, malba and rotten fruits and sweepings etc.

The item includes the cutting of cess from between the

tracks and on surrounding midway land, including

levelling of ground, as desired by site Engineer. This may

include cutting of bushes and vegetation also without any

extra payment whatsoever the case may be. Contractor

shall remove all the above material out of Railway

boundary in a manner not violating any rules regulations

of state/ central Govt. and its authorized bodies, wherever

the bulk of the items specified above, taken together can

be measured by taking direct cross section. The payment

will be made by taking initial and final levels of cross

sections. However, no deduction for the voids will be

made on it. Where it is not possible to take the cross

section, levels, the contractor shall take stacks at

convenient point for measurement for which no extra

payment shall be made. The rate includes employment of

requisite labour, leadiong, collecting.

Cum 478.83 400.00 191532.00

17 NS-3 Complete item rate for painting of rails with anti corrosive

bituminous paint two coats of thickness 100 micron each

as per IS 9862-1981 after cleaning and rubbing of rails

with wire brush as per direction of site in charge with

contractor's own T&P, labour and material etc. as a

complete job. Rate shall be complete for L&M so nothing

extra shall be paid except the accepted rate whatsoever the

case may be.

Sqm 61.31 1500 91965.00

18 NS-4 Providing check Rails/guard rails on LC/bridge including

cutting, notching the flange and web at each rail fix on

running rails and bending 90R/52kg rail to make flaire

ends, (cutting, bending of rails with contractor’s tools,

labour machinery and plants) and fixing the each rail in

position on level crossing/ bridge with all fittings in

position.

RM 400.00 200 80000.00




S.

No

.

SOR

No.


1. 2. 3. 4. 5. 6. .……

19 NS-5 Overhauling of LCs as per IRPWM para 914

which includes removal and refixing of

Hexagonal concrete block/ removal of

ashphalted surface and resurfacing of road

surface by 65mm thick ashphalt, cleaning of

rails with wire brush and applying two coats of

anti corrosive paint, adjusting flange way

clearance, cross level, gauge and alignment as

necessary and track packed thoroughly before

reopening of the level crossing, replacement of

damaged sleeper if any with contractor’s own

labour, T&P etc. complete. (New sleeper &

fittings shall be provided by Railway at nearest

station/LC)

(a) LC having CC blocks Per LC 4153.9

7

10 41539.70

20 NS-6 Cutting/cropping of Rail ends 90R/52kg/60kg

perfectly square with hacksaw/abrasive rail

cutter on cess/in situ with contractor’s tools

machinery and labour etc.

Per cut 69.12 200.00 13824.00

21 NS-7 Drilling of holes 32mm dia in webs of

90R/52Kg/ 60Kg rail at desired pitch with

contractor’s tools machinery and labour. The

rate shall include chamfering of holes with

chamfering kit.

Per hole 45.26 200.00 9052.00

22 NS-8 Casual renewal by Removing existing PRC BG

sleepers from track at isolated locations, leading

and insertion of PRC sleepers lying along the

track and fixing the same with all standard

fittings, including adequate packing so as to

make the track including all lead and lift,

crossing of track, labour , T&P etc. complete.

Each 116.02 600 69612.00




S.

No

.

SOR

No. Description of work Unit Rate Qty. Amount

1. 2. 3.

4. 5. 6. .……

23 NS-9 Removal of broken/seized plate screws from SEJ/T.

out/bridge sleepers along with PVC dowel by heating

or any other suitable method and fixing new PVC

dowel in the same hole by suitable adhesive etc. with all

tools, material, labour etc. as desire by Engineer in

charge.

Each 133.00 2500 332500.00

24 NS-10 Manufacturing & supplying of Engineering

indicator board with Retro reflective high

intensity grain sheeting fixed aluminum sheet

minimum 14 gauge or thicker confirming to I:S

736 with HLVA process confirming to RDSO's

specification of letter No. CT/MS/SD/WM dated

29.10.90 (included as special specification). The

size and shape etc. shall be as per annexure 8/4

of para 807 & 808 & annexure 9/2 of para 905,

annexure 9/5 of para 916 & para 916/1, annexure

9/7 of para 918/2 of IRPW Manual with back

frame support made of angle 25x25x3mm. The

black portion for figures and letter shall be

provided with reflective scotch film on high

intensity sheet based as per RDSO specification.

(i) lh@Qk & (W/L)

Whistle board in size 600x600mm

Each

Board

1855.75 70 129902.50.

(ii) Speed beaker/Bump indicator Red/White colour

of size 900mm equilateral triangle

Each

Board

1855.75 70 129902.50

(iii) Speed indicator board, Yellow colour 1000mm

side triangular shape (20, 30, 45, 60,75,90

&100Kmph)

Each

Board

2231.97

20 44639.40

Total Schedule -'B' 1278593.60

Add at par 1278593.60 0% 0.00

Total Amount of Schedule -'B' 1278593.60





Jaipur Division

JP/2015-16/117

Name of

Work

ADEN Alwar Sub Division –Various P. way & others works for maintenance of track in

the section of SSE (PW) Alwar

Completion

period

Completion period of the work shall be 08 months from the date of issue of acceptance

letter.

Scope of

work

The work involves various maintenance works in the section of SSE (PW) Alwar in RE –

MKH section under the Jurisdiction of Sr. DEN/E/JP, as per schedule of work.

Special Condition of Contract (General):

1. To carry out these works as per schedule, contractor should always keep a dedicated team comprising

of supervisor with sufficient labour, machineries & T&P etc. readily available, to be present on short

notice from Railway officials.

2. As the scope involve mid section work, therefore, the contractor shall keep one road vehicle (LCV or

similar) readily available with him, in SSE/PW/ Alwar section, for movement of men, machines &

material, to reach the work site in time. The vehicle fuel, valid registration, permit for states of

Rajasthan & Haryana, driver’s valid driving license etc. are responsibility of contractor himself.

3. The Contractor and or his supervisor shall have mobile phone in ‘on’ condition, to contact him in case

of any emergency.

4. Though no track work will be done without Railway representative, still the supervisor appointed by

contractor for track work shall have basic knowledge of safety of track & labour, while working near

track.

5. Site Inspection- The Tenderer must inspect the site, before quoting the rates for work, to acquaint

himself with availability of approach roads, height of embankment, depth of cutting, lead, lift, ascent,

descent, crossing of Nallah/ Tracks involved, availability of labour, camping facility etc. and all other

factors in section where the work is to be done. No extra payment, what-so-ever, due to these reasons

will be payable.

6. The work shall always be executed as per the provision of IRPWM 2004 up to date, LWR Manual,

PCE’s Circulars or any other relevant Railway Manual or Code on the subject matter.

7. Speed restriction/traffic block as required will be arranged by Engineer In-charge. However no claim

will be admissible on account of non-availability of block. No work shall commence until the presence

of SSE/JE/P.Way or any other railway representative at site.

8. The contractor should progress the work in a systematic manner with sufficient labour so as to keep the

block requirement and/or length of track under speed restriction to the minimum. Leaving the work site

in between, due to non-availability of labour or any other reason is liable for imposition of penalty. The

caution man/ Flagman during the day and the night will be arranged by the Railway free of cost to the

contractor.

9. The work will be under taken between sun-rise to sunset. However night working can be resorted to as

per sectional requirement. For this contractor shall arrange sufficient lighting arrangement at his own

cost.




JP/2015-16/117

10. All the tools and plants required to execute the works as per schedule will be arranged by

contractor at his cost and nothing extra shall be paid on this account.

11. The contractor will ensure timely reconditioning/ repair/ replacement of the tools and plants at

his own cost, to keep them fit for use.

12. The contractor should ensure that labour on work site removes their tools clear of the track on

approach of the train.

13. Safety of contractor’s person working on/near the track is the responsibility of contractor and

his representative. Though caution man/ Flagman will be provided by Railway while track

work but the Railway in no case is responsible in the event of any accident/ mishap involving

contractor’s men.

14. After the completion of work, the disturbed ballast shall be made to proper profile by

contractor’s labour before leaving the site.

15. The work will be done by the contractor to the entire satisfaction of Railways SE/P.Way at site.

16. In the event of loss of any of the existing/ supplied fittings and fastenings to the contractor, he

will have to pay the cost of new material at the prevailing rate fixed by Railway plus 12½% as

departmental charges.

17. Any damage caused to the track, during the execution of work will have to be made good by

the contractor without any additional payment.

18. All the operation of the above work will be done on running track and nothing extra shall be

paid to the contractor on this account.

19. No extra charges for loading, unloading, leading the material to the site of work and loading of

released materials back to loading point will be paid by Railways except that mentioned in the

tender schedule.

20. The contractor is responsible to make all arrangement of making the service roads up to site of

work as required for crossing of track by his labour and leading the material to site of work.

Nothing extra will be paid on this account.

21. P.Way materials excluding rails and sleepers will be handed over by Railways at nearest

Railway Station or nearest SE/P.Way’s Godown and nothing extra will be paid for

transportation to & from this location. The rail and sleepers will be supplied by Railway at the

site of work. Released material will be sorted out by the contractor with his own labour & cost

and separate stacks for SH & unserviceable material will be made at a location finalized by

ADEN of the section.

22. Penalty in case of accident:

In the event of accident involving work site, Railway will conduct’s departmental enquiry and

in case it is established in it that derailment has occurred on account of contractor/ his men’s

negligence; damages will be recovered from contractor, maximum upto 10% of contract value

in case of major loss. (The decision of Railway’s departmental enquiry is binding on the

contractor)




JP/2015-16/117

Special Condition of Contract (Item wise):

Schedule "A"- USSOR 2010 items

1. Specifications for the works given in the items of USSOR 2010 of NWR shall be followed.

The standard specifications (works & material) received from NWR HQ Part I & II printed in

the year 2010 shall be followed.

2. During the currency of the contract, if any correction slips related with the items of USSOR

2010 of NWR is issued, the contractor shall be bound to accept the same. No extra claim what

so ever shall be admissible in such cases.

3. All the tests such as cube test, design mix of all grades, RCC slab, beam, column etc. required

during the execution of USSOR 2010 items shall be got done by the contractor from Govt.

approved laboratory for which testing charges shall be borne by the contractor.

Schedule "B"- NS 2010 items

NS-1 & NS-8: Casual renewal of rails and sleeper in existing track

1. This item includes renewal of 60/ 52 Kg new/ SH rails in running track of not less than 6.5

meter by manual labour. However the length of rail shall be decided by the site in charge

as per the site requirement.

2. Work shall be carried out in the limited traffic block period. All preparations for rail/

sleeper renewal shall be done in advance by the contractor, to complete the work in block

time & not to fail the block period.

3. Dismantling of rail/ sleeper and placing new rail/ sleeper and pairing, recoupment of

missing fittings, adjusting sleepers etc. and completing work to the satisfaction of site in

charge is included under this item.

4. Payment for cutting and drillings of rails is paid separately under relevant NS item.

5. The new concrete sleeper shall be laid in position ensuring correct longitudinal and

lateral alignment. Care should be taken not to damage the edges of the sleepers or to

chip the concrete. After the sleepers are placed, rubber pads shall be placed at the

rail seats. Elastic clips shall be loosely fastened at this stage. If the original rails are to

be continued after relaying, the track rails shall be laid and connected on either side.

6. For sleeper renewal, sleepers shall be taken out with minimum disturbance to ballast

bed.

7. Not more than one sleeper in 30 consecutive sleepers shall be replaced at a time.

Should it be necessary to renew two or more consecutive sleepers in the same length,

they may be renewed one at a time after packing the sleepers renewed earlier duly

observing the temperature’s specified limit.

8. Manual handling and spreading of sleepers in station yards may be permitted

depending upon site conditions. The rails and sleepers shall be laid and checked for

parameters as per Railway standard.

9. The item includes correction of longitudinal levels, alignment & cross levels with

reference to reference pegs/posts.

10. Packing of sleeper to the entire satisfaction of site-in-charge shall be done by the

contractor for which no extra payment will be done.




JP/2015-16/117

NS- 2 - Removal of muck/Malba and garbage etc.

1. The work is to be executed as per the Railway's requirement of removal of muck/ Malba/ garbage, waste

material, animal carcass, cow dung, leaks, building debris, rotten fruits, sweepings, cutting of cess from

between the tracks and on surrounding midway land, including leveling of ground, cutting of bushes,

vegetation etc. as per the site condition. Tenderer/s shall visit the site of work before quoting their rates.

2. All T&P, tractor trolley, machinery, labour, fuel, operator etc. shall be arranged by the contractor at his

own cost. Contractor shall make his own arrangement for providing service roads, cutting/trimming of

trees/bushes for movement of his trucks/tractors or any other machinery required for execution of the

work in Railway boundary, for which no extra payment will be made.

3. Contractor shall take all precautions to avoid damages to track/ cables and detention to the train while

work is in progress. Use of JCB or road vehicle near track or in yard, by contractor, shall be done only in

presence of authorized Railway’s representative.

4. The initial level shall be got recorded before start of work. For earthwork whose prior measurement by

level etc. cannot be taken, the measurement will be done by volume measurements truck/ trailer.

Deduction of 16% shall be made for shrinkage in such work. Volume of truck/ trailer will be certified by

concerned ADEN.

5. This NS item shall not be operated along with earth work in USSOR items.

NS-3 - Painting of rails

1. Painting shall only be done when rail surface is perfectly dry, to permit good absorption. All dirt, foreign

material shall be removed from the surface to be painted. All surfaces shall be sand papered and cleaned

before applying first coat of paint.

2. Paint drums shall be opened in presence of SSE/P-way or authorized representative only. Paints of

approved/ reputed make will only be permitted. No previously mix material will be permitted to be

brought to the site of work for use.

3. The anti corrosive painting of rail shall be done as per IRPWM Para 250 (2), CS No. 124 or latest.

NS/4 - Fabrication & fixing of Check Rail

1. Rails will be supplied by the railway from nearest station or PWI Store. Rate shall include all lead, lift,

crossing of track etc. involved.

2. Cutting of foot of rails shall be done as per the approved drawing. Tapered ends of check rails shall be

machined to make tapered portion smooth. Gas cutting is not permitted.

3. Contractor shall fix the check rails on LCs/ Curve etc. as specified by the site in-charge

4. Holes in check rails shall be drilled by drill machine. Gas cutting is not permitted.

NS-5 - Overhauling of LCs

1. Over hauling of LCs as per IRPWM Para 914 & 227 includes, removal and re-fixing of concrete blocks,

opening & re-fixing of check rails, cleaning of rails with wire brush, applying two coats anti corrosive

paint, squaring of sleepers, shallow screening of ballast, correcting cross level, guage & alignment as

necessary, adjusting flange way clearance of check rails with contractor’s own labour, T&P etc.

complete. Track shall be packed properly before opening of the LC for train & road movement.

Replacement of damaged sleeper if any shall also be done. New sleeper & fittings shall be provided by

Railway at nearest station/LC.

2. Suitable speed restriction/ block of rail traffic and block of road traffic shall be arranged prior to start of

work, as per site condition.

Signature of tenderer/s

Divl. Rly. Manager (WA)/Jaipur



JP/2015-16/117

NS-6- CUTTING OF RAILS

1 The item includes cutting of 60 Kg/ 52 Kg/ 90R rails with abrasive rail cutter or rail cutting machine

(hacksaw type) with contractor’s own labour, T&P and consumables. Cut shall be made square & within

specified tolerances. Out of square cut will not be paid.

2 The cutting of rail shall be done as per direction of Engineer in charge or his representative. The contractor

shall maintain complete record of total number of cuts done on each day and it shall be signed jointly by

contractor or his representative and PWI. Unnecessary cutting of rails is not permitted. For each avoidable/

undesired cut, no payment will be done and a recovery at the rate of double the rate payable for the cut will

be made.

3 Cut pieces/ scrap shall be deposited to SSE/ P.Way/ incharge of work at nominated scrap depot or as

directed by Engineer in charge or his representative.

4 Wherever cutting is included in the respective item itself, no extra payment will be made against this item.

This item may be paid for cutting of SH rails to remove welded ends etc.

NS-7 – Drilling of holes in rails

1. The work includes drilling of holes in 60 Kg/ 52 Kg/ 90R rails with contractor’s own tools, plants,

equipment, labour etc. The drilling shall be done correctly as per template for standard fish plated joints of

corresponding rail sections.

2. The dia of drilling of hole is 32 mm as per the NS item however the dia. may be more or less to suit the

requirement as directed by site in charge. Nothing extra shall be paid or recovered in such case. Contractor

shall do the hole of required size to suit the site condition.

3. Chamfering of bolt holes shall also be done under this item as per procedure laid down in para 251 (5) of

IRPWM (Second reprint 2004 corrected up to date) with contractor’s own chamfering kit, for which

payment is included under this item. 70% payment shall be made after correct drilling; balance 30%

payment shall be made after correct chamfering. Any hole made at incorrect distance will not be paid for.

Such rails shall be cut and holes drilled again. No payment will be made for this work.

4. The drilling of holes will be done as per requirement of track linking as directed by Engineer or his

representative. The drilling of new rails is not permitted unless specifically directed by Engineer in

charge or his representative.

5. The drilled hole on each day shall be carefully counted and a register showing the daily progress of location

wise holes drilled shall be maintained and signed jointly by contractor or his representative and

PWI.

NS 9 - Removal of broken/seized plate screws

1. The Scope of work is to remove broken plate screw and re-fixing the new plate screw from P&C, SEJ,

bridge guard rails or any other location in section, with specialized labour for this work, T&P, fuel, all

consumables including dowel etc. complete.

2. The work shall be done as per the directions of PWI or his representative.

3. The contractor shall maintain complete record of the total number of plate screw renewed on each day and

it shall be signed jointly by contractor or his representative and PWI. Unnecessary removal of plate screw

is not permitted

4. New plate screw will be supplied to contractor at nearest station or PWI depot. Released material shall be

deposited at SSE/P-way depot.

5. The work will be done under traffic; therefore contractor shall take care of the safety of track and his men

during the execution of work. No extra payment for work under traffic or for crossing of track involved

will be admissible.

6. It has to be ensured by contractor to not to damage any sleeper during removal/ insertion of plate screw.



For & on the behalf of President of Union of India


JP/2015-16/117

NS-10 - Retro reflective Engineering indicator board

1. The scope involves providing Engineering Indicators in section/ LC, using retro reflective sheeting

as per the provision of IRC: 67-2012 for road sign boards.

2. Aluminium sheets used for sign boards shall be of smooth, hard and corrosion resistant aluminium

alloy conforming to IS 736 - Material Designation 24345 or 1900.

3.

The retro reflective sheeting shall consist of white or coloured sheeting having a smooth outer

surface which has the property of retro reflection over its entire surface. It shall be weather

resistant and exhibit colour fastness. It shall be new and unused and show no evidence of cracking,

scaling, and pitting, blistering, edge lifting or curling and shall have negligible shrinkage or

expansion. Retro reflective High Intensity grade sheeting shall have the minimum co-efficient of

retro-reflection as per provision of IRC: 67-2012. At the end of 7 years, the sheeting shall retain

at least 80 per cent of its original retro-reflectance. For this certificate of manufacture shall

be submitted during supply.

4. The foundation & post for Engineering indicators will be paid separately under relevant USSOR

items.

5. The colour configuration, size and location of all Engineering indicators shall as directed by

ADEN or SSE/P-way/In-charge.



For & on the behalf of President of Union of India


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